UC-NRLF 


SB    Bbl    flfl? 


Professor  J,    Henry  Sender 


J.  HENRY  SENGER. 


J  O'i 


MANUAL  OF   PARLIAMENTARY    PRACTICE. 


RULES 


PROCEEDING    AND    DEBATE 


DELIBEEATIVE   ASSEMBLIES. 

BY 

LUTHER  S.   GUSHING. 


REVISED  WITH  NOTES  ON  THE  CONSTITUTION 
BY 

JOHN  FREEMAN  BAKER,   LL.B., 

of  the  New  York  Bar, 

AUTHOR  OF 
"THE  FEDERAL  CONSTITUTION." 


NEW  YOKK  I 

HURST  &  COMPANY,   PUBLISHERS, 

122  NASSAU  STREET. 

Copyright,  1890,  by  Hurst  &  Company. 


. 

.:  ...     ..  PUBLISHER'S  NOTICE. 


has  for  more  than  a 
generation  been  the  sine  qua  non  in  every 
properly  organized  and  well  regulated  de- 
liberative assembly  in  this  country. 

That  it  will  hold  this  place  for  generations 
to  come,  there  is  no  reasonable  doubt. 

This  edition  is  exactly  the  same  in  every 
line,  Word  and  letter  as  that  originally  pre- 
pared by  the  author. 

The  text  needs  no  improvement,  but  where 
recent  rulings  in  Congress  and  other  de- 
liberative assemblies  have  thrown  light  on 
certain  points  the  Editor  has  incorporated 
such  rulings  in  this  edition. 

The  Constitution  of  the  United  States  has  also  been 
appended,  containing  notes  and  citations  of  all  the 
most  recent  and  important  cases  in  the  Supreme 
Court  of  the  United  States,  carefully  prepared  by 
John  Freeman  Baker,  L.L.B.,  of  the  New  York  Bar, 
arranged  under  the  different  articles  and  sections, 
and  will  be  found  of  great  value  to  those  who  desire 
to  make  an  extended  judicial  examinationof  the  sever- 
al subjects. 

The  abbreviations  in  the  notes  refer  to  the  follow- 
ing Eeports  : 

Pet.     meaning  Peters'  Reports. 


Cr. 

Wh. 
Dall. 
How. 
Black 
U.  S. 


Cranch's 

Wheaton's 

Dallas's 

Howard's 

Black's 

United  States  Eeports. 


IN  MEMORIAM 


AUTHOB'S  STATEMENT. 


THE  following  treatise  forms  a  part  only 
of  a  much  larger  and  more  comprehensive 
work,  covering  the  whole  ground  of  par- 
liamentary law  and  practice,  which  the 
author  has  for  some  time  been  engaged  in 
preparing ;  and  which  it  is  his  intention 
to  complete  and  publish,  as  soon  as  possi- 
ble. In  the  meantime,  tliis  little  work  has 
been  compiled,  chiefly  from  the  larger,  at 
the  request  of  the  publishers,  and  to  sup- 
ply a  want  which  was  supposed  to  exist 
to  a  considerable  extent. 

The  treatise  now  presented  to  the  pub- 
lic, is  intended  as  a  Manual  for  Delibera- 
tive Assemblies  of  every  description,  but 
more  especially  for  those  which  are  not 
legislative  in  their  character  ;  though  with 
the  exception  of  the  principal  points,  in 
which  legislative  bodies  differ  from  others, 
namely,  the  several  different  stages  or 
readings  of  a  bill,  and  conferences  and 
amendments  between  the  two  branches, 
this  work  will  be  found  equally  useful  in 
legislative  assemblies  as  in  others. 

The  only  work  which  has  hitherto  been 
in  general  use  in  this  country,  relating  to 
the  proceedings  of  legislative  assemblies 


AUTHOR'S  STATEMENT. 

is  the  compilation  originally  prepared  by 
Mr.  Jefferson,  when  vice-president  of  the 
United  States,  for  the  use  of  the  body  over 
which  he  presided,  and  which  is  familiarly 
known  as  Jefferson's  Manual.  This  work, 
having  been  extensively  used  in  our  legis- 
lative bodies,  and,  in  some  States,  express- 
ly sanctioned  by  law,  may  be  said  to  form, 
as  it  were,  the  basis  of  the  common  par- 
liamentary law  of  this  country.  Regard- 
ing it  in  that  light,  the  author  of  the  fol- 
lowing treatise  has  considered  the  princi- 
ples and  rules  laid  down  by  Mr.  Jefferson 
(and  which  have  been  adopted  by  him 
chiefly  from  the  elaborate  work  of  Mr. 
Hatsell)  as  the  established  rules  on  this 
subject,  and  has  accordingly  made  them 
the  basis  of  the  present  compilation,  with 
an  occasional  remark,  in  a  note,  by  way  of 
explanation  or  suggestion,  whenever  he 
deemed  it  necessary. 

Members  of  legislative  bodies,  who  may 
have  occasion  to  make  use  of  this  work, 
will  do  well  to  bea-r  in  mind  that  it  con- 
tains only  what  may  be  called  the  common 
parliamentary  law ;  which,  in  every  legis- 
lative assembly,  is  more  or  less  modified 
or  controlled  by  special  rules. 

L.  S.  0. 

BOSTON,  November  1,  1844. 


TABLE  OF  CONTENTS. 


PAGE 

INTRODUCTION 9 

CHAPTER  I.— Of  Certain  Preliminary  Matters 20 

SECT.  I.        Quorum 20 

SECT.  II.       Rules  and  Orders 22 

SECT.  III.     Time  of  Meeting 23 

SECT.  IV.     Principle  of  Decision '& 

CHAPTER  II.— Of  the  Officers 25 

SECT.  I.        The  Presiding  Officer 26 

SECT.  II.      The  Recording  Officer 28 

CHAPTER  III  —Of  the  Bights  and  Duties  of  Mem- 
bers   31 

CHAPTER  IV.— Of  the  Introduction  of  Business ....  36 

CHAPTER  V.— Of  Motions  in  General 45 

CHAPTER  VI  —Of  Motions  to  Suppress 49 

SECT.  I        Previous  Questions 49 

SECT.  II      Indefinite  Postponement 54 

CH AFTER  VII.- Of  Motions  to  Postpone 55 

CHAPTER  VIII.— Of  Motions  to  Commit 57 

CHAPTER  IX.— Of  Motions  to  Amend 59 

SECT.  I.        Division  of  a  Question GO 

SECT.  II.      Filling  Blanks 62 

SECT.  III.    Addition — Separation — Transposition 65 

SECT.  IV.     Modification,  etc.,  by  the  Mover - 66 

SECT.  V.      General  Rules  relating  to  Amendments 68 

SECT.  VI.    Amendments,  by  striking  out 71 

SECT.  VII.  Amendments,  by  inserting 75 

SECT.  VIII  Amendments,  by  striking  out  and  inserting.  78 
SECT  IX.    Amendments,    changing    the    nature    of   a 

question .- 81 

CHAPTER  X.— Of    the    Order    and    Succession    of 

Questions 86 

SECT.  I.  Privileged  Questions 87 

Adjournment  88 

Questions  of  Privilege 90 

Orders  of  the  Day 91 

SECT.  II.  Incidental  Questions 94 

Questions  of  Order 94 

Reading  of  Papers 97 

Withdrawal  of  a  Motion 99 

Suspension  of  a  Rule 100 

Amendment  of  Amendments 101 


TABLE  OF  CONTENTS. 

SECT.  III.    Subsidiary  Questions 101 

Lie  on  the  Table 104 

Previous  Question 105 

Postponement 106 

..    .      Commitment 308 

Amendment 109 

CHAPTER  XI.— Of  tlie  Order  of  Proceeding- 110 

CHAPTER  XII  —Of  Order  in  Debate 118 

SECT.  I.        As  to  the  Manner  of  Sr»eakiug 119 

SECT.  II.      As  to  the  Matter  in  Speaking    . . . 122 

SECT.  III.    As  to  Times  of  Speaking  126 

SECT.  IV.     As  to  Stopping  Debate 128 

SECT.  V.       As  to  Decorum  in  Debate 130 

SECT.  VI.     As  to  Disorderly  Words 132 

CHAPTER  XIII.— Of  the  Question 136 

CHAPTER  XIV.— Of  Reconsideration 148 

CHAPTER  XV.— Of  Committees 152 

SECT.  I.        Their  Nature  and  Functions 152 

SECT.  II.       Their  Appointment 154 

SECT.  III.     Their  Organization,  etc 159 

SECT.  IV.      Their  Report 164 

SECT.  V.       Committee  of  the  Whole 170 

CONCLUDING  REMARKS 177 

CONSTITUTION  OF  THE  UNITED  STATES 180 

DECLARATION  OF  INDEPENDENCE 204 


PARLIAMENTARY  PRACTICE, 


INTRODUCTION. 

1.  THE  purposes,  whatever  they  maybe, 
for  which  a  deliberative  assembly  of  any 
kind  is  constituted,  can  only  be  effected 
by  ascertaining  the  sense  or  will  of  the 
assembly,  in  reference  to  the  several  sub- 
jects submitted  to  it,  and  by  embodying 
that  sense  or  will  in  an  intelligible,  au- 
thentic, and  authoritative  form.  To  do 
this,  it  is  necessary,  in  the  first  place,  that 
the  assembly  should  be  promptly  con- 
stituted and  organized;  and,  secondly, 
that  it  should  conduct  ifcs  proceedings  ac  • 
cording  to  certain  rules,  and  agreeably  to 
certain  forms,  which  experience  has  shown 
to  be  the  best  adapted  to  the  purpose. 

2.  Some  deliberative  assemblies,  espe- 
cially those  which  consist  of  permanently 
established  bodies,  such  as  municipal  and 
other  corporations,  are  usually  consti- 


10  tAPilAMR^T^Y  f>KACTICE. 


tuted  and  organized,  at  least,  in  part,  in 
virtue  of  certain  legal  provisions  ;  while 
others,  of  an  occasional  or  temporary 
character,  such  as  conventions  and  politi- 
cal meetings,  constitute  and  organize 
themselves  on  their  assembling  together 
for  the  purposes  of  their  appointment. 

3.  The  most  usual  and  convenient  mode 
of  organizing  a  deliberative  assembly  is 
the  following  :  —  The  members  being  as- 
sembled together,  in  the  place,  and  at  the 
time  appointed  for  their  meeting,  one  of 
them,  addressing  himself  to  the  others,  re- 
quests them  to  come  to  order  ;  the  mem- 
bers thereupon  seating  themselves  and 
giving  their  attention  to  him,  he  suggests 
the  propriety  and  necessity  of  their  being 
organized,  before  proceeding  to  business, 
and  requests  the  members  to  nominate 
some  person  to  act  as  chairman  of  the 
meeting  ;  a  name  or  names  being  there- 
upon mentioned,  he  declares  that  such  a 
person  (whose  name  was  first  heard  by 
him)  is  nominated  for  chairman,  and  puts 
a  question  that  the  person  so  named  be 
requested  to  take  the  chair.  If  this  ques- 


ORGANIZATION.  11 

tion  should  be  decided  in  the  negative, 
another  nomination  is  then  to  be  called 
for,  and  a  question  put  upon  the  name 
mentioned  (being  that  of  some  other  per- 
son) as  before,  and  so  on  until  a  choice  is 
effected.  When  a  chairman  is  elected,  he 
takes  the  chair,  and  proceeds  in  the  same 
manner  to  complete  the  organization  of 
the  assembly,  by  the  choice  of  a  secretary 
and  such  other  officers,  if  any,  as  may  be 
deemed  necessary. 

4.  An  organization,  thus  effected,  may 
be,  and  frequently  is,  sufficient  for  all  the 
purposes  of  the  meeting ;  but  if,  for  any 
reason,  it  is  desired  to  have  a  greater 
number  of  officers,  or  to  have  them  se- 
lected with  more  deliberation,  it  is  the 
practice  to  organize  temporarily,  in  the 
manner  above  mentioned,  and  then  to  re- 
fer the  subject  of  a  permanent  organiza- 
tion, and  the  selection  of  persons  to  be 
nominated  for  the  several  offices,  to  a 
committee  ;  upon  whose  report,  the  meet- 
ing proceeds  to  organize  itself,  conform- 
ably thereto,  or  in  such  other  manner  as 
it  thinks  proper. 


lH  PARLIAMENTARY    PRACTICE. 

5.  The  presiding  officer  is  usually  de- 
nominated the  president,  and  the  record- 
ing officer,  the  secretary;  though,  some- 
times, these  officers  are  designated,  re- 
spectively, as  the  chairman  and  cleric.  It 
is  not  unusual,  besides  a  president,  to 
have  one  or  more  vice-presidents,  who 
take  the  chair,  occasionally,  in  the  ab- 
sence of  the  president  from  the  assem- 
bly, or  when  he  withdraws  from  the  chair 
to  take  part  in  the  proceedings  as  a  mem- 
ber ;  but  who,  at  other  times,  though  oc- 
cupying seats  with  the  president,  act 
merely  as  members.  It  is  frequently  the 
case,  also,  that  several  persons  are  ap- 
pointed secretaries,  in  which  case,  the 
first  named  is  considered  as  the  principal 
officer.  All  the ,  officers  are,  ordinarily, 
members  of  the  assembly* ;  and,  as  such 
entitled  to  participate  in  the  proceedings  ; 
except  that  the  presiding  officer  does  not 


*  In  legislative  bodies,  the  clerk  is  seldom  or  never 
a  member  ;  and,  in  some,  the  presiding  officer  is  not  a 
member  ;  as,  for  example,  in  the  Senate  of  the  United 
States,  the  Senate  of  New  York,  and  in  some  other 
State  senates. 


ORGANIZATION.  13 

usually  engage  in  the  debate,  and  votes 
only  when  the  assembly  is  equally  di- 
vided. 

6.  In  all    deliberative  assemblies,   the 
members  of  which  are  chosen  or  appointed 
to  represent  others,  it   is   necessary,  be- 
fore proceeding  to  business,  to  ascertain 
who   are   duly   elected   and    returned   as 
members  ;  in  order  not   only  that  no  per- 
son may  be  admitted  to  participate  in  the 
proceedings  who  is  not  regularly  author- 
ized to  do  so,  but  also  that  a  list  of  the 
members  may  be  made  for  the  use  of  the 
assembly  and  its  officers. 

7.  The  proper  time  for  this  investigation 
is  after  the  temporary  and  before  the  per- 
manent   organization  ;    or,  when  the   as- 
sembly  is  permanently  organized,  in  the 
first  instance,  before   it   proceeds  to  the 
transaction  of  any  other  business ;  and  the 
most  convenient  mode  of  conducting  it  is 
by  the  appointment  of  a  committee,  to  re- 
ceive and  report  upon  the  credentials  of 
the  members.     The  same  committee  may 
also  be  charged  with  the  investigation  of  ri- 
val claims,  where  any  such  are  presented. 


14  PARLIAMENTARY  PRACTICE. 

8.  When  a  question  arises,  involving  the 
right  of  a  member  to  his  seat,  such  mem- 
ber is  entitled  to  be  heard  on   the  ques- 
tion, and  he  is  then  to  withdraw  from  the 
assembly  until  it  is  decided ;  but  if,  by 
the   indulgence   of   the   assembly,  he  re- 
mains in  his  place,  during  the  discussion, 
he  ought  neither  to  take  any  further  part 
in  it,  nor   to   vote  when  the  question  is 
proposed ;  it  being  a  fundamental  rule  of 
all    deliberative    assemblies,   that   those 
members  whose    rights  as  such  are  not 
yet  set  aside,  constitute  a  judicial  tribu- 
nal  to  decide  upon   the   cases   of  those 
whose  rights  of  membership  are  called  in 
question.     Care  should  always  be  taken, 
therefore,  in  the  selection  of  the  officers, 
and  in  the  appointment  of  committees,  to 
name  only  those  persons  whose  rights  as 
members  are  not  objected  to. 

9.  The    place   where    an   assembly    is 
held  being  in   its  possession,  and  right- 
fully appropriated  to  its  use,  no  person  is 
entitled  to  be  present  therein,  but  by  the 
consent   of    the    assembly;    and,   conse- 
quently, if  any  person  refuse  to  withdraw, 


RULES   OF  PROCEEDING.  15 

when  ordered  to  do  so,  or  conduct  himself 
in  a  disorderly  or  improper  manner,  the 
assembly  may  unquestionably  employ 
sufficient  force  to  remove  such  person 
from  the  meeting. 

10.  Every  deliberative  assembly,  by 
the  mere  fact  of  its  being  assembled  and 
constituted,  does  thereby  necessarily 
adopt  and  become  subject  to  those  rules 
and  forms  of  proceeding,  without  which 
it  would  be  impossible  for  it  to  accom- 
plish the  purposes  of  its  creation.  It  is 
perfectly  competent,  however,  for  every 
such  body — and  where  the  business  is  of 
considerable  interest  and  importance,  or 
likely  to  require  some  time  for  its  accom- 
plishment, it  is  not  unusual — to  adopt  also 
certain  special  rules  for  the  regulation  of 
its  proceedings.  Where  this  is  the  case, 
these  latter  supersede  the  ordinary  parlia- 
mentary rules,  in  reference  to  all  points  to 
which  they  relate  ;  or  add  to  them  in  those 
particulars  in  reference  to  which  there  is 
no  parliamentary  rule  ;  leaving  what  may 
be  called  the  common  parliamentary  law 
in  full  force  in  all  other  respects. 


16  PARLIAMENT  ART   PRACTICE. 

11,  The    rules  of   parliamentary  pro- 
ceedings in  this  country  are  derived  from, 
and  essentially  the   same  with,  those   of 
the   British  parliament ;  though,  in  order 
to  adapt  these  rules  to  the  circumstances 
and  wants  of  our   legislative   assemblies, 
they  have,  in   some   few   respects,    been 
changed, — in  others,  differently   applied, 
— and   in  others,    again,  extended  beyond 
their  original  intention.     To  these   rules, 
each  legislative   assembly  is   accustomed 
to  add  a  code   of  its   own,  by   which,   in 
conjunction  with. the  former,  its  proceed- 
ings  are    regulated.        The     rules,   thus 
adopted    by   the   several   legislative   as- 
semblies,  having  been   renewed  in   suc- 
cessive legislatures, — with     such    exten- 
sions, modifications  and  additions  as  have 
been  from  time  to  time,  thought  necessary, 
— the  result  is,  that  a   system  of   parlia- 
mentary  rules   has   been   established   in 
each   state,  different   in  some  particulars 
from  those  of  every  other   state,  but   yet 
founded  in  and  embracing  all  the  essential 
rules  of  the  common  parliamentary   law. 

12.  The  rules  of  proceeding,  in  each 


RULES   OF   PROCEEDING.  17 

state,  being  of  course  best  known  by  the 
citizens  of  that  state,  it  has  sometimes 
happened  in  deliberative  assemblies,  that 
the  proceedings  have  been  conducted  not 
merely  according  to  the  general  parlia- 
mentary law,  but  also  in  conformity  with 
the  peculiar  system  of  the  state  in  which 
the  assembly  was  sitting,  or  of  whose 
citizens  it  was  composed.  This,  however, 
is  erroneous ;  as  no  occasional  assembly 
can  ever  be  subject  to  any  other  rules, 
than  those  which  are  of  general  applica- 
tion, or  which  it  specially  adopts  for  its 
own  government ;  and  the  rules  adopted 
and  practiced  upon  by  a  legislative  as- 
sembly do  not  thereby  acquire  the  charac- 
ter of  general  laws. 

13.  The  judgment,  opinion,  sense,  or 
will  of  a  deliberate  assembly  is  expressed, 
according  to  the  nature  of  the  subject, 
either  by  a  resolution,  order,  or  vote. 
When  it  commands,  it  is  by  an  order  ;  but 
facts,  principles,  its  own  opinions,  or  pur- 
poses, are  most  properly  expressed  in  the 
form  of  a  resolution  :  the  term  vote  may  be 
applied  to  the  result  of  every  question 


18  PAKLIAMENTAKY  PRACTICE. 

decided  by  the  assembly.  In  whatever 
form,  however,  a  question  is  proposed, 
or  by  whatever  name  it  may  be  called,  the 
mode  of  proceeding  is  the  same. 

14.  The  judgment  or  will  of  any  num- 
ber of  persons,  considered  as  an  aggre- 
gate body,  is  that  which  is  evidenced  by 
the  consent  or  agreement  of  the  greater 
number  of  them ;  and  the  only  mode  by 
which  this  can  be  ascertained,  in  reference 
to  any  particular  subject,  is  for  some  one 
of  them  to  begin  by  submitting  to  the 
others  a  proposition,  expressed  in  such  a 
form  of  words,  that,  if  assented  to  by  the 
requisite  number,  it  will  purport  to  ex- 
press the  judgment  or  will  of  the  as- 
sembly. This  proposition  will  then  form 
a  basis  for  the  further  proceedings  of 
the  assembly;  to  be  assented  to,  rejected, 
or  modified,  according  as  it  expresses  or 
not,  or  may  be  made  to  express  the  sense 
of  a  majority  of  the  members.  The  dif- 
ferent proceedings  which  take  place,  from 
the  first  submission  of  a  proposition, 
through  all  the  changes  it  may  undergo, 
until  the  final  decision  of  the  assembly 


PUNISHMENT   OF  MEMBERS.  35 

concern  his  private  interest,  or  relate  to 
his  conduct  as  a  member,— as  for  a  breach 
of  order,  or  for  matter  arising  in  debate, — 
as  soon  as  it  is  fairly  before  the  assembly, 
the  member  is  to  be  heard  in  exculpation 
and  then  to  withdraw,  until  the  matter  is 
settled.  If,  notwithstanding,  a  member 
should  remain  in  the  assembly  and  vote, 
his  vote  may  and  ought  to  be  disallowed  ; 
it  being  contrary,  not  only  to  the  laws  of 
decency,  but  to  the  fundamental  principle 
of  the  social  compact,  that  a  man  should 
sit  and  act  as  a  judge  in  his  own  case. 
42.  The  only  punishments,  which  can 
be  inflicted  upon  its  members  by  a  delib- 
erative assembly  of  the  kind  now  under 
consideration,  consist  of  reprimanding, — 
exclusion  from  the  assembly, — a  prohibi- 
tion to  speak  or  vote,  for  a  specified  time, 
— and  expulsion  ;  to  which  are  to  be  added 
such  other  forms  of  punishment,  as  by 
apology,  begging  pardon,  <fec.,  as  the  as- 
sembly may  see  fit  to  impose,  and  to  re- 
quire the  offender  to  submit  to,  on  pain  of 
expulsion, 


36  PARLIAMENTARY  PRACTICE. 

CHAPTEE  IV. 
Of  the  Introduction  of  Business. 

43.  The  proceedings  of   a  deliberative 
assembly,  in  reference  to  any  particular 
subject,  are  ordinarily  set  in  motion,  in 
the   first   instance,  by  some    one    of   the 
members  either  presenting  a  communica- 
tion from  persons  not  members,  or  him- 
self submitting  a  proposition  to  the  as- 
sembly. 

44.  Communications  made  to  the  assem- 
bly are  of  two  kinds,  namely,  those  which 
are  merely  for  its  information  in  matters 
of  fact,  and  those  which  contain  a  request 
for  some  action  on  the  part  of  the  assem- 
bly, either  of  a  general  nature,  or  for  the 
benefit  of  an  individual.     The  latter  only, 
as  they  alone  constitute  a  foundation  for 
future  proceedings,  require  to  be  noticed. 

45.  Propositions*made  by  members  are 
drawn  up  and  introduced,  by  motion,  in 
the  form  which  they  are  intended  by  the 


OBTAINING   THE  FLOOR.  37 

mover  to  bear,  as  orders,  resolutions,  or 
votes,  if  they  should  be  adopted  by  the 
assembly.  These  propositions,  of  what- 
ever nature  they  may  be,  are  usually 
denominated  motions,  until  they  are 
adopted ;  they  then  take  the  name  which 
properly  belongs  to  them. 

46.  When  a  member  has  occasion  to 
make  any  communication  whatever  to  the 
assembly, — whether  to  present  a  petition 
or  other  paper,  or  to  make  or  second  a 
motion  of  any  kind,  or  merely  to  make  a 
verbal  statement, — as  well  as  when  one 
desires  to  address  the  assembly  in  debate, 
he  must  in  the  first  place,  as  the  expres- 
sion is,  "  obtain  the  floor  "  for  the  pur- 
pose he  has  in  view.  In  order  to  do  this, 
he  must  rise  in  his  place,*  and,  standing 
uncovered,  address  himself  to  the  pre- 
siding officer  by  his  title ;  the  latter,  on 
hearing  himself  thus  addressed,  calls  to 

*  In  the  House  of  Representatives  of  Massachusetts, 
where  each  member's  seat  is  regularly  assigned  to  him, 
and  numbered,  it  has  been  found  useful,  in  deciding 
upon  the  claims  of  several  competitors  for  the  floor, 
to  prefer  one  who  rises  in  his  place,  to  a  member  who 
addresses  the  speaker  from  the  area,  the  passageways, 
or  the  seat  of  any  other  member. 


38  PAKLIAMENTAEY   PRACTICE, 

the  member  by  his  name ;  and  the  mem- 
ber may  then,  but  not  before,  proceed 
with  his  business. 

47.  If  two   or  more  members  rise  and 
address  themselves  to  the  presiding  offi- 
cer, at  the  same  time,   or  nearly  so,   he 
should  give  the  floor  to  the  member,  whose 
voice   he    first    heard.      If    his    decision 
should  not  be  satisfactory,  any  member 
may  call  it  in  question,  saying  that  in  his 
opinion    such   a    member   (not    the    one 
named)  was  first  up,  and  have  the  sense 
of  the  assembly  taken  thereon,  as  to  which 
of  the  members  should  be  heard.     In  this 
case,  the  question  should  be  first  taken 
upon  the  name  of  the  member  announced 
by  the  presiding  officer  ;  and,  if  this  ques- 
tion should  be  decided  in  the  negative, 
then  upon  the  name  of  the  member  for 
whom  the  floor  was  claimed  in  opposition 
to  him. 

48.  The  mode  of  proceeding  upon  such 
communications  from  persons  not  mem- 
bers, as  are  above  alluded  to,  may  be  ex- 
plained by  that  adopted  on  the  presenta- 
tion of  a  petition,  which  may  be  consid- 


PRESENTATION   OF   PETITIONS,  39 

ered  as  the  representative  of  the  whole 
class  to  which  it  belongs. 

49.  A  petition,  in  order  to  be  received, 
should  be  subscribed  by  the   petitioner 
himself,  with   his  own   hand,  either  by 
name  or  mark,  except  in  case  of  inability 
from  sickness,  or  because  the  petitioner 
is   attending  in   person;  and   should   be 
presented  or  offered,  not  by  the  petitioner 
himself,  but  by  some  member  to  whom  it 
is  intrusted  for  that  purpose. 

50.  The  member,  who  presents  a  peti- 
tion,   should    previously   have    informed 
himself  of  its  contents,  so  as  to  be  able  to 
state  the  substance  of  it,  on  offering  it  to 
the  assembly,  and  also  to  be  prepared  to 
say,  if  any  question  should  be  made,  that 
in  his  judgment  it  is  couched  in  proper 
language,  and  contains  nothing  intention- 
ally disrespectful  to  the  assembly. 

51.  Being  thus  prepared,  the  member 
rises  in  his  place,  with  the  petition  in  his 
hand,  and  informs  the  assembly  that  he 
has   a  certain   petition,  stating  the  sub- 
stance of  it,  which  he  thereupon  presents 
or  offers  to  the  assembly,  and,  at  the  same 


40  PARLIAMENTARY    PRACTICE. 

time  moves  (which,  however,  may  be  done 
by  any  other  member)  that  it  be  received ; 
this  motion  being  seconded,  the  question 
is  put  whether  the  assembly  will  receive 
the  petition  or  not.  This  is  the  regular 
course  of  proceeding ;  but,  in  practice 
tnere  is  seldom  any  question  made  on 
receiving  a  petition  ;  the  presiding  officer 
usually  taking  it  for  granted  that  there  is 
no  objection  to  the  reception,  unless  it  be 
stated.  If,  however,  any  objection  is  made 
to  a  petition,  before  it  has  been  otherwise 
disposed  of,  the  presiding  officer  ought  to 
retrace  his  steps  and  require  a,  motion  of  re- 
ception to  be  regularly  made  and  seconded. 
52.  If  the  question  of  reception  is  de- 
termined in  the  affirmative,  the  petition 
is  brought  up  to  the  table  by  the  member 
presenting  it;  and  is  there  read  as  of 
course  by  the  clerk.  Ifc  is  then  regularly 
before  the  assembly,  to  be  dealt  with  as 
it  thinks  proper ;  the  usual  course  being 
either  to  proceed  to  consider  the  subject 
of  it  immediately,  or  to  assign  some  future 
time  for  its  consideration,  or  to  order  it  to 
lie  on  the  table  for  the  examination  and 


PRESENTATION    OF   PETITIONS.  41 

consideration   of    the   members    individ- 
ually. 

53.  Whenever  a  member  introduces  a 
proposition  of  his  own,  for  the  consider- 
ation of  the  assembly,  he  puts  it  into  the 
form  he  desires  it  should  have,  and  then 
moves  that  it  be  adopted  as  the  resolu- 
tion, order,  or  vote  of  the  assembly.     If 
this  proposition  so  far  meets  the  appro- 
bation of  other  members,  that  one  of  them 
rises  in  his  place  and  seconds  it,  it  may 
then  be  put  to  the  question  ;  and  the  re- 
sult, whether  affirmative  or  negative,  be- 
comes the  judgment  of  the  assembly. 

54.  A   motion    must  be   submitted   ID, 
writing ;  otherwise  the   presiding  officer 
will  be  justified  in  refusing  to  receive  it ; 
he  may  do  so,  however,  if  he  pleases,  and 
is  willing  to  take  the  trouble  himself  to 
reduce  it  to  writing.     This  rule  extends 
only  to  principal    motions,  which,  when 
adopted,  become  the  act  and  express  the 
sense  of  the  assembly ;  but  not  to  sub- 
sidiary   or     incidental    motions*    which 

*  Such  as.  to  adjourn, — lie  on  the  table, — for  the  pre- 
vious question, — for  postponement, — commitment, &c. 


4:2  PARLIAMENTARY  PRACTICE. 

merely  enable  the  assembly  to  dispose  of 
the  former  in  the  manner  it  desires,  and 
which  are  always  in  the  same  form.  In 
the  case  of  a  motion  to  amend,  which  is  a 
subsidiary  motion,  the  rule  admits  of  an 
exception,  so  far  as  regards  the  insertion 
of  additional  words,  which,  as  well  as 
the  principal  motion,  must  be  in  writing. 
55.  A  motion  must  also  be  seconded, 
that  is,  approved  by  some  one  member, 
at  least,  expressing  his  approval  by  rising 
and  saying,  that  he  seconds  the  motion  ; 
and  if  a  motion  be  not  seconded,  no  no- 
tice whatever  is  to  be  taken  of  it  by  the 
presiding  officer;  though,  in  practice, 
very  many  motions,  particularly  those 
which  occur  in  the  ordinary  routine  of 
business,  are  admitted  without  being  sec- 
onded. This  rule  applies  as  well  to  sub- 
sidiary as  principal  motions.  The  second- 
ing of  a  motion  seems  to  be  required,  on 
the  ground  that  the  time  of  the  assembly 
ought  not  to  be  taken  up  by  a  question, 
which,  for  any  thing  that  appears,  has  no 
one  in  its  favor  but  the  mover.  There 
are  some  apparent  exceptions  to  this  rule, 


THE  MAKING  OF  MOTIONS.  43 

which  will  be  stated  hereafter,  in  those 
cases,  in  which  one  member  alone  has  the 
right  of  instituting  or  giving  direction  to 
a  particular  proceeding ;  and  an  actual 
exception  is  sometimes  made  by  a  special 
rule,  xequiring  certain  motions  to  be  sec- 
onded by  more  than  one  member. 

56.  When  a  motion  has  been  made  and 
seconded,  it  is  then  to  be  stated  by  the 
presiding  officer  to  the  assembly,  and  thus 
becomes  a  question  for  its  decision  ;  and, 
until  so  stated,  it  is  not  in  order  for  any 
other  motion  to  be  made,  or  for  any  mem- 
ber to  speak  to  it ;  but,  when  moved,  sec- 
onded, and  stated  from  the  chair,  a  motion 
is  in  the  possession  of  the  assembly,  and 
cannot  be  withdrawn  by  the  mover,  but 
by  special  leave  of  the  assembly,  which 
must  be  obtained  by  a  motion  made  and 
seconded  as  in  other  cases.  [This  ruling 
must  not  be  interpreted  as  precluding  all 
right  to  proceed  with  or  allude  to  a  mo- 
tion, until  such  time  as  it  has  been  stated 
by  the  presiding  officer. 

But,  on  the  other  hand,  after  a  motion 
has  been  made,  or  even  after  it  has  been 


44  PAKLIAMENTAEY  PKACTICE, 

seconded,  provided  it  has  not  yet  been 
stated  as  a  question,  it  is  allowable  for  the 
maker  of  the  motion,  either  of  his  own 
choice,  or  at  the  instance  of  the  presiding 
officer,  or  even  of  some  other  member, 
and  without  any  motion  or  vote  f»r  the 
purpose,  to  modify  or  withdraw  his  mo- 
tion. 

The  rule  merely  demands,  that  up  to 
the  time  that  a  motion  is  regularly  sec- 
onded and  stated,  it  must  not  be  spoken 
to  as  a  question  for  the  decision  of  the 
meeting,  or  be  made  the  subject  of  any 
motion  or  proceeding  as  such. 

The  chair  may,  therefore,  allow  members 
to  make  observations  or  suggestions  for 
the  purposes  mentioned,  so  far  as  they 
relate  to  motions  not  yet  stated,  but  he 
should  effectively  check  and  prevent  all 
remarks  which  would  lead  to  debate ;  it 
being  an  inflexible  rule,  that  no  debate  can 
be  had  on  any  subject,  unless  there  is  a 
question  pending  at  the  time.] 

57.  When  a  motion  is  regularly  before 
the  assembly,  it  is  the  duty  of  the  presid- 
ing officer  to  state  it,  if  it  be  not  in  writing, 


THE    MAKING    OF   MOTIONS.  45 

or  to  cause  it  to  be  read,  if  it  be,  as  of  ten 
as  any  member  desires  to  have  it  stated 
or  read  for  his  information. 

58.  When  a  motion  or  proposition  is  reg- 
ularly before  the  assembly,  no  other  mo- 
tion can  be  received,  unless  it  be  one  which 
is  previous  in  its  nature  to  the  question  un- 
der consideration,  and  consequently  en- 
titled to  take  its  place  for  the  time  be- 
ing, and  be  first  decided. 


CHAPTEE  V. 
Of  Motions  In  General. 

59,  When  a  proposition  is  made  to  a  de- 
liberative assembly,  for  its  adoption,  the 
proposition  may  be  in  such  a  form  as  to  be 
put  to  the  question,  and  the  assembly  may 
be  in  such  a  state  as  to  be  willing  to  come 
to  a  decision  upon  it,  at  once ;  and  when 
this  is  the  case  nothing  more  can  be  neces- 
sary than  to  take  the  votes  of  the  members, 
and  ascertain  the  result.  But  a  different 
state  of  things  may  and  commonly  does  ex- 
ist ;  the  assembly  may  prefer  some  other 


46  PARLIAMENTARY   PRACTICE. 

course  of  proceeding  to  an  immediate  de- 
cision of  the  question  in  the  form  in  which 
it  is  presented  ;  and,  as  it  is  proper,  that 
every  parliamentary  body  should  have  the 
means  of  fitly  disposing  of  every  proposi- 
tion which  may  be  made  to  it,  certain  forms 
of  question  have  from  time  to  time  been  in- 
vented, and  are  now  in  general  use,  for 
that  purpose.  These  forms  of  question  may 
properly  be  called  subsidiary,  in  order  to 
distinguish  them  from  the  principal  mo- 
tion or  question  to  which  they  relate. 

60.  The  different  states  of  mind,  in  which 
a  proposition  may  be  received  by  a  delib- 
erative assembly,  and  the  corresponding 
forms  of  proceeding,  or  subsidiary  motions, 
to  which  they  give  rise,  in  order  to  ascer- 
tain the  sense  of  the  assembly,  are  the  fol- 
lowing : — 

first.  The  assembly  may  look  upon  the 
proposition  as  useless  or  inexpedient;  and 
may  therefore  desire  to  suppress  it,  either 
for  a  time,  or  altogether.  The  subsidiary 
motions,  for  this  purpose,  are  the  previous 
question,  and  indefinite  postponement. 

Second.  The  assembly  may  be  willing  to 


SUBSIDIARY   MOTIONS.  47 

entertain  and  consider  of  a  proposition, 
but  not  at  the  time  when  it  is  made ; 
either  because  more  information  is  wanted 
by  the  members  individually ;  or  because 
they  desire  further  time  for  reflection  and 
examination  ;  or  because  the  assembly  is 
then  occupied  with  some  other  matter, 
which  has  more  pressing  claims  upon  its 
present  attention.  The  usual  motions, 
under  such  circumstances,  are  postpone- 
ment to  some  future  day  or  time,  and  to 
lie  on  the  table. 

Third.  The  subject-matter  of  a  proposi- 
tion may  be  regarded  with  favor,  but  the 
form  in  which  it  is  introduced  may  be  so 
defective,  that  a  more  careful  and  delib- 
erate consideration,  than  can  conveniently 
be  given  to  it  in  the  assembly  itself,  may 
be  necessary  to  put  it  into  a  satisfactory 
form.  In  this  case,  it  is  most  proper  to 
refer  the  proposition  to  a  committee. 

Fourth.  The  proposition  may  be  ac- 
ceptable, and  the  form  in  which  it  is 
presented  so  far  satisfactory,  that  the  as- 
sembly may  be  willing  to  consider  and 
act  upon  it,  with  such  alterations  and 


4:8  PARLIAMENTARY  PRACTICE. 

amendments  as  may  be  thought  proper. 
The  motion  adapted  to  this  case  is  to 
amend. 

61.  It  is  not  to  be  supposed  that  the 
subsidiary  motions  above  specified  are 
the  only  ones  that  have  at  any  time  been 
adopted  or  used  ;  or  that  it  is  not  compe- 
tent to  a  deliberative  assembly  to  frame 
new  motions  at  pleasure ;  but  these  are 
the  forms  in  most  common  use,  and  are 
entirely  sufficient  for  all  practical  pur- 
poses-* Neither  is  it  to  be  supposed,  that 
these  motions  are  always  applied  strictly 
to  the  cases  to  which  they  most  appro- 
priately belong ;  several  of  them  are 
frequently  used  to  effect  purposes,  for 
which  others  would  be  more  proper. 


*  It  is  usual,  in  legislative  assemblies,  to  provide 
by  a  special  rule,  both  as  to  the  particular  motions  to 
be  used,  and  the  order  in  which  they  may  be  made. 
Thus,  the  rule  in  the  House  of  Representatives  of  Con- 
gress, (which  is  also  adopted  in  the  House  of  Represen- 
tatives of  Massachusetts,)  is,  that,  "  when  a  question 
is  under  debate,  no  motion  shall  be  received,  but  to 
adjourn,  to  lie  on  the  table,  for  the  previous  question, 
to  postpone  to  a  day  certain,  to  commit,  to  amend,  to 
postpone  indefinitely,  which  several  motions  shall 
have  precedence  in  the  order  in  which  they  are  ar- 
ranged." 


MOTIONS  TO  SUPPRESS.  4:9 

These  misapplications  will  be  taken 
notice  of,  under  the  heads  of  the  several 
motions. 


CHAPTER  VI. 
Of  Motions  to  Suppress. 

62.  When    a    proposition    is     moved, 
which  it  is  supposed,  may  be  regarded  by 
the  assembly  as  useless   or   inexpedient, 
and  which  it  may  therefore  be  desirous  to 
get  rid  of,  such  proposition  may  be  sup- 
pressed for  a  time  by  means  of   the   pre- 
vious question,  or  altogether  by  a  motion 
for  indefinite  postponement. 

Sect,  I.  Previous  Question. 

63.  The  original  and  proper  parliamen- 
tary use  of  the  previous  question   being, 
as  above  stated,  the  suppression  of  amain 
question,  it  seems  proper  to  consider  it  as 
one  of   the    subsidiary   motions   for  that 
purpose  ;  although,  in  this  country,  it  has 
been  perverted  to  a  wholly  different  use, 


50  PAKLIAMENTAKY  PBACTICE. 

namely,  the  suppression  of  debate.  This 
consideration,  in  connection  with  the  dif- 
ficulty of  the  subject,  and  the  importance 
of  a  correct  understanding  of  it,  makes  it 
proper  to  devote  more  room  to  the  pre- 
vious question,  than  needs  to  be  given  to 
most  of  the  other  subsidiary  motions.  It 
will  first  be  considered  according  to  its 
original  use  and  intention ;  and,  after- 
wards, as  used  in  this  country. 

61.  There  are  several  motions,  which 
give  rise  to  questions  previous  in  their 
nature  to  other  questions  to  which  they 
relate  ;  but  the  term  previous  has  been  ap- 
plied exclusively  to  a  motion  denominated 
the  previous  question,  which  has  for  its  ob- 
ject the  suppression  of  a  principal  motion 
or  question.  This  motion  was  introduced 
into  the  House  of  Commons  in  England, 
more  than  two  centuries  ago,  for  the  pur- 
pose of  suppressing  subjects  of  a  delicate 
nature,  relating  to  high  personages,  or 
the  discussion  of  which  might  call  forth 
observations  of  an  injurious  tendency. 
When  first  made  use  of,  the  form  of  the 
motion  was,  shall  the  main  question  be  put? 


PREVIOUS   QUESTION.  51 

and  the  effect  of  a  decision  of  it  in  the 
negative  was  to  suppress  the  main  ques- 
tion for  the  whole  session.  The  form  of 
it  was  afterwards  changed  to  that  which 
it  has  at  present,  namely,  shall  the  main 
question  be  now  put  ?  and  the  effect  of  a 
negative  decision  of  it  now  is  to  suppress 
the  main  question  for  the  residue  of  the 
day  only.  The  operation  of  this  motion, 
in  suppressing  the  question  to  which  it- 
is  applied,  results  from  the  principle, 
that  no  further  consideration  or  discus- 
sion can  regularly  be  had  of  a  subject, 
which  it  has  been  decided  shall  not  be  put 
to  the  question  ;  and,  therefore,  when  on 
the  motion  of  the  previous  question,  it  has 
been  decided,  that  the  principal  question 
shall  not  now  be  put,  that  question 
is  disposed  of  for  the  day,  and  cannot 
be  renewed  until  the  next  or  some  suc- 
ceeding day.  This  is  the  purpose  for 
which  the  previous  question  was  origi- 
nally invented,  and  for  which  it  is  still  used 
in  the  British  parliament. 

65.  But  the  previous   question  may  be 
decided  in  the  affirmative,  as    well  as  the 


52  PARLIAMENTARY   PRACTICE. 

negative,  that  is,  that  the  main  question 
shall  now  be  put;  in  which  case,  that 
question  is  to  be  put  immediately,  with- 
out any  further  debate,  and  in  the  form 
in  which  it  then  exists.  This  operation 
of  the  previous  question,  when  decided 
affirmatively,  has  led  to  the  use  of  it  for 
the  purpose  of  suppressing  debate  on  a 
principal  question,  and  coming  to  a  vote 
upon  it  immediately  ;  and  this  is  ordinar- 
ily the  only  object  of  the  previous  ques- 
tion as  made  use  of  in  the  legislative  as- 
semblies of  the  United  States.*  The  op- 
eration of  a  negative  decision  is  different 
in  different  assemblies ;  in  some,  as,  for 
example,  in  the  House  of  Eepresentatives 
of  Congress,  it  operates  to  dispose  of  the 
principal  or  main  question  by  suppress- 
ing or  removing  it  from  before  the  house 


*  Mr.  Jefferson  (Manual,  §xxxiv.)  considers  this  ex- 
tension of  the  previous  question  as  an  abuse.  He  is 
of  opinion  that  "its  uses  would  be  as  well  answered  by 
other  more  simple  parliamentary  forms,  and  therefore 
it  should  not  be  favored,  but  restricted  within  as  nar- 
row limits  as  possible."  Notwithstanding  this  sug- 
gestion, however,  the  use  of  the  previous  question,  as 
above  stated,  has  become  so  firmly  established,  that 
it  cannot  now  be  disturbed  or  unsettled. 


PREVIOUS   QUESTION.  53 

for  the  day ;  but  in  others,  as  in  the 
House  of  Representatives  of  Massachu- 
setts, and  in  the  House  of  Assembly  of 
New  York,  (in  the  former  by  usage  only, 
and  in  the  latter  by  a  rule,)  the  effect  of  a 
negative  decision  of  the  previous  question 
is  to  leave  the  main  question  under  de- 
bate for  the  residue  of  the  sitting,  unless 
sooner  disposed  of  by  taking  the  question, 
or  in  some  other  manner. 

66.  In  England,  the  previous  question 
is  used  only  for  suppressing  a  main  ques- 
tion ;  the  object  of  the  mover  is  to  obtain 
a  decision  of  it  in  the  negative  ;  and  the 
effect  of  such  a  decision,  though  in  strict- 
ness only  to  suppress  the  question  for  the 
day,  is,  practically  and  by  parliamentary 
usage,  to  dispose  of  the  subject  altogether. 
In  this  country,  the  previous  question  is 
used  chiefly  for  suppressing  debate  on  a 
main  question  ;  the  object  of  the  mover  is 
to  obtain  a  decision  of  it  in  the  affirmative; 
and  the  effect  of  a  decision  the  other  way, 
though  in  some  assemblies  operating 
technically  to  suppress  the  main  question 
for  the  day  only,  is,  in  general,  merely  to 


54  PARLIAMENTARY  PRACTICE. 

suspend  the  taking  of  the  question  for 
that  day ;  either  leaving  the  debate  to  go 
on  during  the  residue  of  the  day,  or  the 
subject  to  be  renewed  on  the  next  or 
some  other  day.  The  operation  of  an 
affirmative  decision  is  the  same,  in  both 
countries,  namely,  the  putting  of  the  main 
question  immediately,  and  without  further 
debate,  delay,  or  consideration. 

Sect.  II.    Indefinite  Postponement. 

67.  In  order  to  suppress  a  question 
altogether,  without  coming  to  a  direct 
vote  upon  it,  in  such  a  manner  that  it  can- 
not be  renewed,  the  proper  motion  is  for 
indefinite  postponement ;  that  is,  a  post- 
ponement or  adjournment  of  the  question, 
without  fixing  any  day  for  resuming  it. 
The  effect  of  this  motion,  if  decided  in  the 
affirmative,  is  to  quash  the  proposition 
entirely ;  as  an  indefinite  adjournment 
is  equivalent  to  a  dissolution,  or  the  con- 
tinuance of  a  suit  without  day,  is  a  dis- 
continuance of  it.  A  negative  decision 
has  no  effect  whatever. 


MOTIONS  TO   POSTPONE.  55 

CHAPTEE  VII. 

Of  Motions  to  Postpone. 

68.  If  the  assembly  is  willing  to  enter- 
tain and  consider  a  question,  but  not  at 
the  time  when  it   is  moved,  the   proper 
course  is  either  to  postpone  the  subject 
to  another  day,  or  to   order  it  to  lie  ou 
the  table. 

69.  When   the    members    individually 
want  more  information  than  they  possess, 
at  the  time  a  question  is  moved,  or  desire 
further  time  for  reflection  and  examina- 
tion, the  proper  motion  is,  to  postpone 
the  subject  to  such  future  day  as  will  an- 
swer the  views  of  the  assembly. 

70.  This  motion  is  sometimes  used  im- 
properly, to  get  rid  of  a  proposition  alto- 
gether, as  would  be  done  by  an  indefinite 
postponement.     This  is  effected  by  fixing 
upon  a  day,  which,  according  to  the  com- 
mon course  of  things,  will  not  arrive  until 
after  the  assembly  has  been  brought  to  a 


56  PARLIAMENTARY   PRACTICE. 

close.  But  a  motion,  worded  in  this  man- 
ner, is  precisely  equivalent  to  a  motion 
for  indefinite  postponement,  and  should 
be  so  considered  and  treated. 

71.  If  the  assembly  has  something  else 
before  it,  which  claims  its  present  atten- 
tion, and  is  therefore  desirous  to  post- 
pone    a    particular     proposition,     until 
that   subject   is   disposed  of,   such  post- 
ponement   may    be    effected    by   means 
of  a  motion  that  the   matter  in  question 
lie  on  the  table.     If  this  motion  prevails, 
the  subject  so  disposed  of  may  be  taken 
up,  at  any  time  afterwards,  and  considered, 
when  it  may  suit  the  convenience  of  the 
assembly. 

72.  This    motion    is    also     sometimes 
made  use  of  for  the  final  disposition  of  a 
subject;  and  it   always   has   that   effect, 
when  no  motion  is  afterwards  made  to 
take  it  up. 

[Debate  is_not  allowed,  in  deliberative 
assemblies,  on  a  motion  to  lay  on  the 
table,  or  to  postpone  to  a  certain  day; 
because  such  motions  suspend  action 
only  for  a  short  time  and  full  discussion 


MOTIONS   TO   COMMIT.  57 

may  be  had  later.  Members  may  speak 
strictly  to  the  motion  but  not  cts  to  the 
merits  of  the  question  postponed.  A 
motion  to  lay  on  the  table  cannotbe 
amended.] 


CHAPTER  VIII. 
Of  Motions  to  Commit. 

73.  The  third  case  for  the  use  of  a  sub- 
sidiary motion,  as  already  stated,  occurs 
when  the  subject-matter  of  a  proposition 
is  regarded  with  favor,  but  the  form  in 
which  it  is   introduced   is   so   defective, 
that   a   more  careful  and  deliberate  con- 
sideration  is   necessary,    than    can   con- 
veniently be  given  to  it  in  the  assembly 
itself,  in  order  to  put  it  into  a  satisfactory 
form.     The  course  of  proceeding  then  is, 
to  refer  the  subject  to  a  committee  ;  which 
is  called  a  commitment,  or,  if  the  subject 
has  already  been  in  the  hands  of  a  com- 
mittee, a  recommitment. 

74.  If  there  is  a  standing  committee  of 
the  assembly,  whose  functions  embrace 


58  PAELIAMENTAHY  PRACTICE. 

the  subject  in  question,  the  motion  should 
be  to  refer  it  to  that  committee  ;  if  there 
is  no  such  committee,  then  the  motion 
should  be  to  refer  to  a  select  committee. 
If  it  is  a  matter  of  doubt,  whether  a  par- 
ticular standing  committee  is  appropriate 
or  not,  and  propositions  are  made  for  a 
reference  to  that  committee,  and  also  for 
a  reference  to  a  select  committee,  the  for- 
mer proposition  should  be  first  put  to 
the  question. 

75.  When  a  subject  is  referred  or  re- 
committed,   the    committee   may   be   in- 
structed or  ordered  by  the  assembly,  as 
to  any  part  or  the  whole  of  the  duties  as- 
signed them  ;  or  the  subject  may  be  left 
with  them  without  instructions.     In  the 
former   case,    the   instructions    must   be 
obeyed,  of  course ;  in  the  latter,  the  com- 
mittee have  full  power  over  the  matter, 
and  may  report  upon  it,  in  any  manner 
they  please,  provided  they  keep  within 
the   recognized   forms   of    parliamentary 
proceedings. 

76.  A  part   only  of  a  subject   may  be 
committed,  without  the  residue  ;  or  dif- 


MOTIONS  TO  AMEND.  59 

ferent  parts  may  be  committed  to  different 
committees. 

77.  A  commitment  with  instructions  is 
sometimes  made'  use  of,  as  a  convenient 
mode  of  procuring  further  information, 
and  at  the  same  time,  of  postponing  the 
consideration  of  a  subject  to  a  future, 
though  uncertain  day. 


CHAPTEE  IX. 

Of  Motions  to  Amend. 

78.  The  last  case,  for  the  introduction 
of  subsidiary  motions,  is  when  the  as- 
sembly is  satisfied  with  the  subject-matter 
of  a  proposition,  but  not  with  the  form  of 
it,  or  with  all  its  different  parts,  or  desires 
to  make  some  addition  to  it.  The  course 
of  proceeding  then  is,  to  bring  the  pro- 
position into  the  proper  form,  and  make 
its  details  satisfactory,  by  means  of  amend- 
ments, or  of  certain  proceedings  of  a  sim- 
ilar character,  and  having  the  same  gen- 
eral purpose  in  view.  The  latter  will  be 
first  considered. 


60  PARLIAMENTARY  PRACTICE. 

Sect.  I,    Division  of  a  Question. 

79.  When  a  proposition  or  motion  is 
complicated,  that  is,  composed  of  two  or 
more  parts,  which  are  so  far  independent 
of   each  other,   as   to   be   susceptible  of 
division  into  several  questions,  and  it  is 
supposed  that  the  assembly  may  approve 
of  some  but  not  of  all  these  parts,  it  is  a 
compendious     mode    of    amendment,    to 
divide  the  motion  into  separate  questions, 
to  be  separately  voted  upon  and  decided 
by  the  assembly.     This  division  may  take 
place  by  the  order  of  the  assembly,  on  a 
motion  regularly  made  and  seconded  for 
the  purpose. 

80.  When  a  motion  is  thus  divided,  it 
becomes  a  series  of  questions,  to  be  con- 
sidered and  treated  each  by  itself,  as  an 
independent  proposition,  in  the  order  in 
which  they  stand  ;  and  when  they  have  all 
been  gone  through  with  and  decided,  the 
result  will   be  the  same,  as  if   motions  to 
amend  by  striking  out  the  several  parts 
had  been  made  and  put  to  the  question. 
When  a  motion  for  a  division  is  made,  the 


DIVISION   OF   A   QUESTION.  61 

mover  ought  to  specify  in  liis  motion  the 
manner  in  which  he  proposes  to  make  the 
division  ;  and  this  motion,  like  every  other 
of  the  nature  o'f  an  amendment,  is  itself 
susceptible  of  amendment. 

81.  It  is  sometimes  asserted,  that  it  is 
the  right  of  every  individual  member  to 
have  a  complicated  question  (provided  it 
is  susceptible  of  division)  divided  into  its 
several  parts,  and  a  question  put  sepa- 
rately on  each,  on  his  mere  demand,  and 
without  any  motion  or  anv  vote  of  the  as- 
sembly for  that  purpose.  But  this  is  a 
mistake ;  there  is  no  such  rule  of  parlia- 
mentary proceedings  ;  a  complicated  ques- 
tion can  only  be  separated  by  moving 
amendments  to  it  in  the  usual  manner,  or 
by  moving  for  a  division  of  it  in  the  man- 
ner above  stated. 

'82.  It  is  not  unusual,  however,  for  a 
deliberative  assembly  to  have  a  rule  pro- 
viding for  the  division  of  a  complicated 
question  (provided  it  is  susceptible  of 
division)  into  its  several  parts,  upon  the 
demand  of  a  member.  When  this  is  the 
case,  it  is  for  the  presiding  officer  (subject 


62  PARLIAMENTARY   PRACTICE. 

of  course  to  the  revision  of  the  assembly) 
to  decide,  when  the  division  of  a  motion 
is  demanded,  first,  whether  the  proposi- 
tion is  susceptible  of  division,  and,  sec- 
ondly, into  how  many  and  what  parts 
it  may  be  divided. 

83.  A  proposition,  in  order  to  be  divisi- 
ble, must  comprehend  points  so   distinct 
and  entire,  that  if  one  or  more  of  them  be 
taken   away,  the  others  may  stand  entire 
and     by   themselves ;    but    a    qualifying 
paragraph,  as,  for  example,  an  exception 
or  a  proviso,  if  separated  from  the  general 
assertion  or  statement  to  which  it  belongs, 
does    not    contain  an    entire    point     or 
proposition. 

Sect.  II.    Filling  Blanks. 

84.  It  often  happens,  that  a  proposition 
is  introduced  with  blanks  purposely  left 
by  the  mover  to  be  filled  by  the  assembly, 
either  with  times    and  numbers,  or  with 
provisions   analogous    to    those    of    the 
proposition    itself.      In   the   latter  case, 
blanks    are  filled   in   the   same  way,  that 
other   amendments    by  the  insertion    of 


FELLING   BLANKS.  63 

words  are  made.  In  the  former,  proposi- 
tions to  fill  blanks  are  not  considered  as 
amendments  to  the  question,  but  as  origi- 
nal motions,  to  be  made  and  decided 
before  the  principal  question. 

.85.  When  a  blank  is  left  to  be  filled 
with  a  time  or  number,  motions  may  be 
made  for  that  purpose,  and  the  question 
taken  on  each  by  itself,  and  before  another 
is  made  ;  or  several  motions  may  be  made 
and  pending  before  any  of  them  are  put  to 
the  question.  This  last  mode  of  proceed- 
ing, which  is  the  most  usual  as  well  as 
convenient,  requires  that  the  several 
propositions  should  be  arranged,  and  the 
question  taken  on  them,  in  such  order  as 
will  the  soonest  and  with  the  most  cer- 
tainty enable  the  assembly  to  come  to  an 
agreement. 

86.  In  determining  upon  the  order  to 
be  adopted,  the  object  is  not  to  begin  at 
that  extreme,  which  and  more  being 
within  every  man's  wish,  no  one  can  vote 
against  it,  and,  yet,  if  it  should  be  carried 
in  the  affirmative,  every  question  for  more 
would  be  precluded  ;  but,  at  that  extreme, 


64  PARLIAMENTARY  PRACTICE. 

which  will  be  likely  to  unite  the  fewest, 
and  then  to  advance  or  recede,  until  a 
number  or  time  is  reached,  which  will 
unite  a  majority. 

87.  Hence,  when  several  different  pro- 
positions are  made  for  filling  blanks  with 
a  time  or  number,  the  rule  is,  that  if  the 
larger  comprehends  the  lesser,  as  in  a 
question  to  what  day  a  postponement 
shall  take  place, — the  number  of  which  a 
committee  shall  consist, — the  amount  of 
a  fine  to  be  imposed, — the  term  of  an  im- 
prisonment,— the  term  of  irredeernability 
of  a  loan, —  or  the  terminus  in  quern  in 
any  other  case,  the  question  must  begin  a 
maxima,  and  be  first  taken  upon  the  great- 
est or  farthest,  and  so  on  to  the  least  or 
nearest,  until  the  assembly  comes  to  a 
vote  :  but,  if  the  lesser  includes  the  greater, 
as  in  questions  on  the  limitation  of  the 
rate  of  interest, — on  the  amount  of  a  tax, 
— on  what  day  the  session  of  a  legislative 
assembly  shall  be  closed,  by  adjourn- 
ment,— on  what  day  the  next  session  shall 
commence, — or  the  terminus  a  quo  in  any 
other  case,  the  question  must  begin  a 


ADDITION,  — SEPARATION,  — TRANSPOSITION.        65 

mi^imo,  and  be  first  taken  on  the  least  or 
nearest,  and  so  on  to  the  greatest  or  most 
remote,  until  the  assembly  comes  to  a 
vote.* 

Sect.  III.  Addition,— Separation,— Trans- 
position 

88.  When  the  matters  contained  in  two 
separate  propositions  might  be  better  put 
into  one,  the  mode  of  proceeding  is  to  re- 
ject one  of  them,  and  then  to  incorporate 
the  substance  of  it  with  the  other  by  way 
of  amendment.     A  better  mode,  however, 
if  the  business  of  the  assembly  will  admit 
of  its  being  adapted,  is  to  refer  both  pro- 
positions  to   a   committee,  with   instruc- 
tions to  incorporate  them  together  in  one. 

89.  So,  on  the  other  hand,  if  the  matter 
of   one  proposition  would  be  more  pro- 

*  The  above  is  tlie  rule  as  laid  down  by  Mr.  Jeffer- 
son (§  33),  and  holds  where  it  is  not  superseded  by  a 
special  rule,  which  is  generally  the  case  in  our  legis- 
lative assemblies  ;  as,  for  example,  in  the  Senate  of 
the  United  States,  the  rule  is,  that  in  filling  blanks, 
the  largest  sum  and  longest  time  shall  be  first  put.  In 
the  House  of  Commons,  in  England,  the  rule  estab- 
lished by  usage  is,  that  the  smallest  sum  and  the 
longest  time  shall  be  first  put. 


66  PARLIAMENTARY  PRACTICE. 

perly  distributed  into  two,  any  part  of  it 
may  be  struck  out  by  way  of  amendment, 
and  put  into  the  form  of  a  new  and  dis- 
tinct proposition.  But  in  this,  as  in  the 
former  case,  a  better  mode  would  gen- 
erally be  to  refer  the  subject  to  a  com- 
mittee. 

90.  In  like  manner,  if  a  paragraph  or 
section  requires  to  be  transposed,  a  ques- 
tion must  be  put  on  striking  it  out  where 
it  stands,  and  another  for  inserting  it  in 
the  place  desired. 

91.  The  numbers  prefixed  to  the  sev- 
eral sections,  paragraphs,  -or  resolutions, 
which  constitute  a  proposition,  are  merely 
marginal  indications,  and  no  part  of  the 
text  of  the  proposition  itself;  and,  if  nec- 
essary, they  may  be  altered  or  regulated 
by  the  clerk,  without  any  vote  or  order  of 
the  assembly. 

Sect.  IV.  Modification  or  Amendment  by 
the  Mover. 

92.  The  mover  of  a  proposition  is  some- 
times  allowed  to  modify  it,  after  it  has 


MOVER   OF   A   PROPOSITION.  67 

been  stated  as  a  question  by  the  presid- 
ing officer ;  but,  as  this  is  equivalent  to  a 
withdrawal  of  the  motion,  in  order  to  sub- 
stitute another  in  its  place ;  and,  since, 
as  has  already  been  seen,  a  motion  reg- 
ularly made,  seconded,  and  proposed,  can- 
not be  withdrawn  without  leave ;  it  is 
clear  that  the  practice  alluded  to  rests 
only  upon  general  consent ;  and,  that,  if 
objected  to,  the  mover  of  a  proposition 
must  obtain  the  permission  of  the  as- 
sembly, by  a  motion  and  question,  for  the 
purpose,  in  order  to  enable  him  to  modify 
his  proposition. 

93.  So,  too,  when  an  amendment  has 
been  regularly  moved  and  seconded,  it  is 
sometimes  the  practice  for  the  mover  of 
the  proposition  to  which  it  relates  to 
signify  his  consent  to  it,  and  for  the 
the  amendment  to  be  thereupon  made, 
without  any  question  being  taken  upon  it 
by  the  assembly.  As  this  proceeding, 
however,  is  essentially  the  same  with  that 
described  in  the  preceding  paragraph,  it, 
of  course,  rests  upon  the  same  foundation, 
and  is  subject  to  the  same  rule. 


68  PARLIAMENTARY  PRACTICE. 

Sect.  V.    General  Rules  Relating  to 
Amendments. 

94.  All  amendments,  of  which  a  prop- 
osition is  susceptible,  so  far  as  form  is 
concerned,  may  be  effected  in  one  of  three 
ways,  namely,  either  by  inserting  or  add- 
ing certain  words ;  or  by  striking  out  cer- 
tain words;   or  by  striking   out   certain 
words,  and   inserting   or   adding   others. 
These  several   forms   of  amendment  are 
subject  to   certain   general   rules,  which, 
being  equally  applicable  to  them  all,  re- 
quire to  be  stated  beforehand. 

95.  First   Eule.     "When   a   proposition 
consists  of  several  sections,  paragraphs,  or 
resolutions,  the  natural  order  of  consider- 
ing and  amending  it  is  to  begin  at  the  be- 
ginning, and   to  proceed   through    it   in 
course  by  paragraphs  ;  and  when  a  latter 
part  has  been  amended,  it  is  not  in  order 
to  recur  back,  and  make  any  alteration  or 
amendment  of  a  former  part. 

96.  Second   Rule.      Every   amendment, 
which  can  be  proposed,  whether  by  strik- 
ing out,  or  inserting,  or  striking  out  and 


AMENDMENTS.  69 

inserting,  is  itself  susceptible  of  amend- 
ment ;  but  there  can  be  no  amendment 
of  an  amendment,  to  an  amendment;  this 
would  be  such  a  piling  of  questions  one 
upon  another,  as  would  lead  to  great  em- 
barrassment; and  as  the  line  must  be  drawn 
somewhere,  it  has  been  fixed  by  usage 
after  the  amendment  to  the  amendment. 
The  object,  which  is  proposed  to  be 
effected  by  such  a  proceeding,  must  be 
sought  by  rejecting  the  amendment  to  the 
amendment,  in  the  form  in  which  it  is 
proposed,  and  then  moving  it  again  in 
the  form  in  which  it  is  wished  to 
be  amended,  in  which  it  is  only  an 
amendment  to  an  amendment;  and  in 
order  to  accomplish  this,  he  who  desires 
to  amend  an  amendment  should  give 
notice,  that,  if  rejected,  in  the  form  in 
which  it  is  presented,  he  shall  move  it 
again  in  the  form  in  which  he  desires  to 
have  it  adopted. 

97.  Thus,  if  a  proposition  consists  of 
A  B,  and  it  is  proposed  to  amend  by  in- 
serting C  D,  it  may  be  moved  to  amend  the 
amendment  by  inserting  E  F ;  but  it  can 


70  PARLIAMENTARY   PRACTICE. 

not  be  moved  to  amend  this  amendment, 
as,  for  example,  by  inserting  G.  The  only 
mode,  by  which  this  can  be  reached,  is  to 
reject  the  amendment  in  the  form  in  which 
it  is  presented,  namely,  to  insert  E  F,  and 
to  move  it  in  the  form  in  which  it  is  de- 
siredtobe  amended,namely.to  insertEFG. 

98.  Third  Rule.  Whatever  is  agreed  to 
by  the  assembly,  on  a  vote,  either  adopt- 
ing or  rejecting  a  proposed  amendment, 
cannot  be  afterwards  altered  or  amended. 

99.  Thus,  if  a  proposition  consists  of 
A  B,  and  it  is  moved  to  insert   C ;  if  the 
amendment  prevail,  C   cannot  be  after- 
wards   amended,    because    it    has    been 
agreed  to  in  that  form ;  and,  so,  if  it  is 
moved  to  strike  out  B,  and  the  amendment 
is    rejected,     B    cannot     afterwards     be 
amended,  because  a  vote  against  striking 
it  out  is  equivalent  to  a  vote  agreeing  to  it 
as  it  stands. 

100.  Fourth  Rule.  Whatever  is  disagreed 
to  by  the  assembly,  on  a  vote,  cannot  be 
afterwards  moved  again.    This  rule  is  the 
converse  of  the  preceeding,  and  maybe  il- 
lustrated in  the  same  manner. 


AMENDMENTS   BY   STRIKING   OUT.  71 

101.  Thus,  if  it  is  moved  to  amend  A  B 
by  inserting  C,  and  the  amendment  is  re- 
jected, C  cannot  be  moved  again;  or,  if  ifc 
is  moved  to  .amend  A  B  by  striking  out  B, 
and  the  amendment  prevails,  B  cannot  be 
restored;  because,  in  the  first  case,  C,  and, 
in  the  other,  B,  have  been  disagreed  to  by 
a  vote. 

102.  Fifth  Rule.  The  inconsistency  or  in- 
compatibility of  a  proposed   amendment 
with  one  which  has  already  been  adopted, 
is  a  fit  ground  for  its  rejection  by  the  as- 
sembly, but  not  for  the  suppression  of  it  by 
the  presiding  officer,  as  against  order;  for, 
if  questions  of  this  nature  were  allowed 
to  be  brought  within  the  jurisdiction  of 
the  presiding  officer,  as  matters  of  order, 
he  might  usurp  a  negative  on  important 
modifications,  and  suppress  or  embarrass 
instead  of  subserving  the  will  of  the  assem- 
bly. 

Sect.  TI.  Amendments  by  Striking  Out. 

103.  If  an  amendment  is  proposed  by 
striking  out  a  particular  paragraph  or  cer- 


72  PAKLIAMENTAKY   PRACTICE. 

tain  words,  and  the  amendment  is  rejected, 
it  can  not  be  again  moved  to  strike  out  the 
same  words  or  a  part  of  them;  but  it  may 
be  moved  to  strike  out  the  same  words 
with  others,  or  to  strike  out  a  part  of  the 
same  words  with  others,  provided  the  co- 
herence to  be  struck  out,  be  so  substantial 
as  to  make  these,  in  fact,  different  proposi- 
tions from  the  former. 

104.  Thus,  if  a  proposition  consist  of 
A  B  C  D,  and  it  is  moved  to  strike  out  B  C ; 
if  this  amendment  is  rejected  ;  it  cannot  be 
moved  again; but  it  may  be  moved  to  strike 
out  A  B,  or  A  B  C,  or  B  C  D  or  C  D. 

105.  If  an  amendment  by  striking  out 
is  agreed  to,  it  cannot  be  afterwards  moved 
to  insert  the  same  words  struck  out  or  a 
part  of  them  ;  but  it  may  be  moved  to  in- 
sert the  same  words  with  others,  or  a  part 
of  the  same  words  with  others,  provided 
the  coherence  to  be  inserted  make  these 
propositions   substantially  different  from 
the  first. 

106.  Thus,  if  the  proposition  A  B  C  D 
is  amended  by  striking  out  B  0,  it  can  not 
be  moved  to  insert  B  C  again ;  but  it  may 


AMENDMENTS   BY   STRIKING   OUT.  73 

be  moved  to  insert  B  C  with  other  words, 
or  B  with  others  or  C  with  others. 

107.  When  it  is  proposed  to  amend  by 
striking   out  a   particular   paragraph,   it 
may  be  moved  to  amend  this  amendment, 
in  three  different  ways,  namely,  either  by 
striking  out  a  part  only  of  the  paragraph, 
or  by  inserting  or   adding  words,  or  by 
striking  out  and  inserting. 

108.  Thus,  if  it  is  moved  to  amend  the 
proposition  ABC  D,  by  striking  out  B 
C,  it  may  be  moved  to  amend  this  amend- 
ment by  striking  out  B  only  or  C  only,  or 
by  inserting  E,  or  by  striking  out  B  or  C, 
and  inserting  E. 

109.  In  the  case  of  a  proposed  amend- 
ment by  striking  out,  the  effect  of  voting 
upon  it,  whether  it  be  decided  in  the  affirm- 
ative or  negative  according  to  the  third 
and  fourth  rules  above  mentioned,  renders 
it  necessary  for  those  who  desire  to  retain 
the  paragraph  to  amend  it,  if  any  amend- 
ment is  necessary,  before  the  vote  is  taken 
on  striking  out ;  as,  if  struck  out,  it  can- 
not be  restored,  and,  if  retained,  it  cannot 
be  amended. 


74  PARLIAMENTARY   PRACTICE. 

110.  As  an  amendment  must  necessarily 
be  put  to  the  question  before  the  prin- 
cipal  motion ;  so   the   question  must  be 
put  on  an  amendment  to  an  amendment 
before  it  is  put  on  the  amendment ;  but, 
as  this  is  the  extreme  limit  to  which  mo- 
tions may  be  put  upon  one  another,  there 
can  be  no  precedence  of  one  over  another 
among  amendments  to  amendments  ;  and 
consequently,  they  can  only  be  moved,  one 
at  a  time,  or,  at  all  events,  must  be  put  to 
the  question  in  the  order  in  which  they 
are  moved. 

111.  When  a  motion  for  striking  out 
words  is  put  to  the  question,  the  parlia- 
mentary  form    always    is,    whether    the 
words  shall  stand  as  part  of  the  principal 
motion,    and   not   whether   they   shall   be 
struck  out.     The  reason  for  this  form  of 
stating  the  question  probably  is,  that  the 
question  may  be  taken  in  the  same  man- 
ner on  a  part  as  on  the  whole  of  the  prin- 
cipal  motion ;  which  would   not   be   the 
case,  if  the  question  was  stated  on  strik- 
ing out ;  inasmuch  as  the  question  on  the 
principal   motion,  when  it   comes  to  be 


AMENDMENTS   BY   INSERTING.  75 

stated,  will  be  on  agreeing  to  it,  and  cot 
on  striking  out  or  rejecting  it.  Besides, 
as  an  equal  division  of  the  assembly  would 
produce  a  different  decision  of  the  ques- 
tion, according  to  the  manner  of  stating 
it,  it  might  happen,  if  the  question  on  the 
amendment  was  stated  on  striking  out, 
that  the  same  question  would  be  decided 
both  affirmatively  and  negatively  by  the 
same  vote.* 

112.  On  a  motion  to  amend  by  striking 
out  certain  words,  the  manner  of  stating 
the  question  is,  first  to  read  the  passage 
proposed  to  be  amended,  as   it   stands ; 
then  the  words  proposed  to  be  struck  out ; 
and,  lastly,  the  whole  passage  as  it  will 
stand  if  the  amendment  is  adopted. 

Sect.  VII.    Amendments  by  Inserting. 

113.  If  an  amendment  is  proposed  by 
inserting  or  adding  a  paragraph  or  words, 
and  the  amendment  is  rejected,  it  cannot 
be  moved  again  to  insert  the  same  words 

*  The  common,  if  not  the  only,  mode  of  stating  the 
question,  in  the  legislative  assemblies  of  this  country, 
is  on  "  striking  out." 


76  PARLIAMENTARY  PRACTICE. 

or  a  part  of  them  ;  but  it  may  be  moved 
to  insert  the  same  words  with  others,  or 
a  part  of  the  same  words  with  others,  pro- 
vided the  coherence  really  make  them 
different  propositions. 

114.  Thus,  if  it  is  moved  to  amend  the 
proposition  A  B  by  inserting   C  D,  and 
the  amendment  is  rejected,  C  D  cannot  be 
again  moved ;  but  it  may  be  moved  to  in- 
sert C  E,  or  D  E,  or  C  D  E. 

115.  If  it  is  proposed  to  amend  by  in- 
serting a  paragraph,  and  the  amendment 
prevails,  it  cannot  be  afterwards  moved 
to  strike  out  the  same  words  or  a  part  of 
them ;  but  it  may  be  moved  to  strike  out 
the  same  words  with  others,*  or  a  part  of 
the  same  words  with  others,  provided  the 
coherence  be  such  as  to  make  these  prop- 
ositions really  different  from  the  first. 

116.  Thus,  if  in  the  example  above  sup- 
posed, the  amendment  prevails,  and  C  D 
is  inserted  it  cannot  be  afterwards  moved 
to  strike  out  C  D,  but  it  may  be  moved  to 


*  This  is  the  common  case  of  striking  out  a  para- 
graph, after  having  amended  it  by  inserting  words. 


AMENDMENTS   BY   INSERTING.  77 

strike   out  A  C   or  A  C   D,  or  D  B,  or 
CDB. 

117.  When  it  is  proposed  to  amend  by 
inserting   a  paragraph,   this  amendment 
may  be  amended  in  three  different  ways, 
namely,  either  by  striking  out  a  part  of 
the  paragraph  ;  or  by  inserting  something 
into  it ;  or  by  striking  out  and  inserting. 

118.  Thus,  if  it  is  proposed  to  amend 
A  B  by  inserting  C  D,  this  amendment 
may  be  amended  either  by  striking  out  C 
or  D,  or  inserting  E,  or  by  striking  out  C 
or  D  and  inserting  E. 

119.  "When  it  is  proposed  to  amend  by 
inserting  a  paragraph,  those  who  are  an 
favor  of  the  amendment  should  amend  it, 
if  necessary,  before  the  question  is  taken ; 
because   if  it  is   rejected,   it    cannot  be 
moved  again,  and,  if  received,  it  cannot 
be  amended. 

120.  There  is  no  precedence  of  one  over 
another   in  amendments  to  amendments 
by  inserting,  any  more  than   in    amend- 
ments to  amendments  by  striking  out. 

121.  On  a  motion  to  amend  by  insert- 
ing a  paragraph,  the  manner  of  stating  the 


78  PARLIAMENTARY  PRACTICE, 

question  is,  first,  to  read  the  passage  to  be 
amended,  as  it  stands ;  then  the  words 
proposed  to  be  inserted ;  and  lastly,  the 
whole  passage  as  it  will  stand  if  the 
amendment  prevails. 

Sect.  VIII.  Amendments  by  Striking  Out 
and  Inserting. 

122.  The  third  form  of  amending  a  prop- 
osition, namely,  by  striking  out  certain 
words  and  inserting  others  in  their  place, 
is,  in  fact,  a  combination  of  the  other  two 
forms ;  and  may  accordingly  be  divided 
into  those  two  forms,  either  by  a  vote  of 
the  assembly,  or  on  the  demand  of  a  mem- 
ber, under  a  special  rule  to  that  effect.* 

123.  If  the  motion  is  divided,  the  ques- 
tion is  first  to  be  taken  on  striking  out ; 
and  if  that  is  decided  in  the  affirmative, 
then,  on  inserting ;  but  if  the  former  is 


*Mr.  Jefferson  (§  xxxv,)  says,  "the  question,  if  de- 
sired, is  then  to  be  divided,"  &c. ;  but,  as  he  makes  no 
exception  of  a  motion  to  strike  out  and  insert,  when 
treating  of  the  subject  of  division,  and  does  not  here 
state  it  as  an  exception,  he  undoubtedly  supposes  the 
division  in  this  case  to  be  made  in  the  regular  and 
usual  manner. 


AMENDMENTS.  79 

decided  in  the  negative,  the  latter  falls,  of 
course.  On  a  division,  the  proceedings 
are  the  same,  in  reference  to  each  branch 
of  the  question,  beginning  with  the  strik- 
ing out,  as  if  each  branch  had  been  moved 
by  itself. 

124.  If  the  motion  to  strike  out  and  in- 
sert is  put  to  the  question  undivided,  and 
is  decided  in  the  negative,  the  same  mo- 
tion cannot  be  made  again  ;  but,  it  may 
be  moved  to  strike  out  the  same  words, 
and,    1,    insert    nothing ;  2,   insert   other 
words ;  3,   insert    the   same   words   with 
others  ;  4,  insert  a  part  of  the  same  words 
with  others ;  5,  strike  out  the  same  words 
with  others,  and  insert  the  same  ;  6,  strike 
out  a  part  of  the  same  words  with  others, 
and  insert  the  same  ;  7,  strike  out  other 
words  and  insert  the  same  ;  and,  8,  insert 
the  same  words,  without  striking  out  any 
thing. 

125.  If  the  motion  to  strike  out  and  in- 
sert is  decided  in  the  affirmative,  it  cannot 
be  then  moved  to  insert  the  words  struck 
out  or  a  part  of  them,  or  to  strike  out  the 
words  inserted,  or  a  part  of  them ;  but,  it 


80  PAKLIAMENTAKY  PKACTICE. 

may  be  moved,  1,  to  insert  the  same  words 
with  others;  2,  to  insert  a  part  of  the 
same  words  with  others ;  3,  to  strike  out 
the  same  words  with  others ;  or,  4,  to 
strike  out  a  part  of  the  same  words  with 
others. 

126.  When  it  is  proposed  to  amend  by 
striking   out   and  inserting,  this  amend- 
ment may  be  amended  in  three  different 
ways  in  the    paragraph   proposed  to  be 
struck   out,   and   also   in   the    paragraph 
proposed  to  be  inserted,  namely,  by  strik- 
ing out,  or  inserting,  or  striking  out  and 
inserting.     And  those  who  are  in  favor  of 
either  paragraph  must  amend  it,  before 
the  question  is  taken,  for  the  reasons  al- 
ready stated,  namely,  that,  if  decided  in 
the  affirmative,  the  part  struck  out  cannot 
be  restored,  nor  can  the  part  inserted  be 
amended  ;  and,  if  decided  in  the  negative, 
the  part  proposed  to  be  struck  out  cannot 
be  amended,  nor  can  the  paragraph  pro- 
posed to  be  inserted  be  moved  again. 

127.  On  a  motion  to  amend,  by  striking 
out  certain  words  and  inserting  others, 
the  manner  of  stating  the  question  is  first 


AMENDMENTS.  81 

to  read  the  whole  passage  to  be  amended, 
as  it  stands  ;  then  the  words  proposed  to 
be  struck  out ;  next  those  to  be  inserted  ; 
and,  lastly,  the  whole  passage  as  it  will 
stand  when  amended. 

Sect.  IX.    Amendments  Changing  the 
Nature  of  a  Question. 

128.  The  term  amendment  is  in  strict- 
ness applicable  only  to  those  changes  of 
a  proposition,  by  which  it  is  improved, 
that  is,  rendered  more  effectual  for  'the 
purpose  which  it  has  in  view,  or  made  to 
express  more  clearly  and  definitely  the 
sense  which  it  is  intended  to  express. 
Hence  it  seems  proper,  that  those  only 
should  undertake  to  amend  a  proposition, 
who  are  friendly  to  it ;  but  this  is  by  no 
means  the  rule  ;  when  a  proposition  is 
regularly  moved  and  seconded,  it  is  in  the 
possession  of  the  assembly,  and  cannot  be 
withdrawn  but  by  its  leave  ;  it  has  then 
become  the  basis  of  the  future  proceed- 
ings of  the  assembly,  and  may  be  put  into 
any  shape,  and  turned  to  any  purpose, 
that  the  assembly  may  think  proper. 


82  PARLIAMENTARY   PRACTICE. 

129.  It    is    consequently  allowable    to 
amsnd  a  proposition  in  such  a  manner  as 
entirely  to  alter  its  nature,  and  to  make  it 
bear  a  sense  different   from   what   it  was 
originally  intended  to  bear  ;    so  that  the 
friends  of  it,   as  it  was   first  introduced, 
may  themselves  be  forced  to  vote  against 
it,  in  its  amended  form. 

130.  This  mode  of  proceeding  is  some- 
times adopted  for  the  purpose  of  defeat- 
ing a  proposition,  by  co'mpelling  its  origi- 
nal friends  to  unite  with  those  who  are  op- 
posed to    it,  in   voting  for  its    rejection. 
Thus,  in  the  British  House  of  Commons, 
Jan.  29,  1765,  a  resolution  being   moved, 
"  That  a  general  warrant   for  apprehend- 
ing the  authors,  printers,  or  publishers  of 
a  libel,  together  with  their  papers,  is  not 
warranted  by  law,  and  is  an  high  violation 
of  the   liberty   of  the   subject :" — it   was 
moved  to  amend  this  motion  by  prefixing 
the  following  paragraph,  namely :    "  That 
in   the   particular    case    of    libels,  it    is 
proper  and  necessary  to  fix,  by  a  vote  of 
this  house  only,  what  ought  to  be  deemed 
the  law  in   respect   of  general  warrants ; 


AMENDMENTS.  83 

and,  for  that  purpose,  at  the  time  when 
the  determination  of  the  legality  of  such 
warrants,  in  the  instance  of  a  most  sedi- 
tious and  treasonable  libel,  is  actually  de- 
pending before  the  courts  of  law,  for  this 
house  to  declare  " — that  a  general  warrant 
for  apprehending  the  authors,  printers,  or 
publishers  of  a  libel,  together  ivith  their 
papers,  is  not  warranted  by  law,  and  is  an 
high  violation  of  the  liberty  of  the  subject. 
The  amendment  was  adopted,  after  a  long 
debate,  and  then  the  resolution  as  amend- 
ed was  immediately  rejected  without  a 
division.* 

131.  But  sometimes  the  nature  of  a 
proposition  is  changed  by  means  of 
amendments,  with  a  view  to  its  adoption 


*  This  mode  of  defeating  a  measure,  however,  is  not 
always  successful.  In  1780,  Mr.  Dunning  having 
made  a  motion,  in  the  House  of  Commons,  "  that,  in 
the  opinion  of  this  hou-e,  the  influence  of  the  crown 
has  increased,  is  increasing,  and  ought  to  be  dimin- 
ished," Dundas,  lord-advocate  of  Scotland,  in  order 
to  defeat  the  motion,  proposed  to  amend,  by  insert- 
ing, after  the  words,  in  ihe  opinion  of  this  house,  the 
words  it  is  now  necessary  to  declare  that,  &c.  But  this 
amendment,  instead  of  intimidating  the  friends  of 
the  original  motion  was  at  once  adopted  by  them, 
and  the  resolution  passed  as  amended. 


84  PARLIAMENTARY   PRACTICE. 

in  a  sense  the  very  opposite  of  what  it  was 
originally  intended  to  bear.  The  follow- 
ing is  a  striking  example  of  this  mode  of 
proceediDg.  In  the  House  of  Commons, 
April  10,  1744,  a  resolution  was  moved, 
declaring,  "That  the  issuing  and  paying 
to  the  Duke  of  Arembergthe  sum  of  forty 
thousand  pounds,  sterling,  to  put  the  Aus- 
trian troops  in  motion  in  the  year  1742, 
was  a  dangerous  misapplication  of  public 
money,  and  destructive  of  the  rights  of 
parliament."  The  object  of  this  reso- 
lution was  to  censure  the  conduct  of  the 
ministers ;  and  the  friends  of  the  minis- 
try, being  in  a  majority,  might  have  voted 
directly  upon  the  motion  and  rejected  it. 
But  they  preferred  to  turn  it  into  a  reso- 
lution approving  of  the  conduct  of  min- 
isters on  the  occasion  referred  to ;  and 
it  was  accordingly  moved  to  amend,  by 
leaving  out  the  words  "a  dangerous  mis- 
application," &c.  to  the  end  of  the  motion, 
and  inserting  instead  thereof  the  words, 
"necessary  for  putting  the  said  troops  in 
motion,  and  of  great  consequence  to  the 
common  cause."  The  amendment  being 


AMENDMENTS.  85 

adopted,  it  was  resolved  (reversing  the 
original  proposition)  "  That  the  issuing 
and  paying  to  the  Duke  of  Aremberg  the 
sum  of  forty  thousand  pounds,  to  put  the 
Austrian  troops  in  motion,  in  the  year 
1742,  was  necessary  for  putting  the  said 
troops  in  motion,  and  of  great  conse- 
quence to  the  common  cause." 

132.  It  is  a  mode  of  defeating  a  propo- 
sition, somewhat  similar  to  that  above 
mentioned,  to  carry  out  or  extend  the 
principle  of  it,  by  means  of  amendments, 
so  as  to  show  the  inconvenience,  absurd- 
ity, or  danger  of  its  adoption,  with  such 
evident  clearness,  that  it  becomes  impos- 
sible for  the  assembly  to  agree  to  it. 
Thus,  a  motion  having  been  made  in  the 
House  of  Commons,  "  for  copies  of  all  the 
letters  written  by  the  lords  of  the  admi- 
ralty to  a  certain  officer  in  the  navy,"  it 
was  moved  to  amend  the  motion  by  add- 
ing these  words  : — "  which  letters  may 
contain  orders,  or  be  relative  to  orders, 
not  executed,  and  still  subsisting."  This 
amendment  being  adopted,  the  motion  as 
amended  was  unanimously  rejected. 


86  PARLIAMENTARY   PRACTICE. 

133.  It  will  be  seen,  from  the  foregoing 
examples,  that  as  the  mover  of  a  proposi- 
tion is  under  no  restriction  as  to  embracing 
incongruous  matters  under  the  same  mo- 
tion; so,  on  the  other  hand,  the  assembly 
may  engraft  upon  a  motion,  by  way  of 
amendment,  matter  which  is  not  only  in- 
congruous with,  but  entirely  opposed  to, 
the  motion  as  originally  introduced ;  and, 
in  legislative  assemblies,  it  is  not  unusual 
to  amend  a  bill  by  striking  out  all  after 
the  enacting  clause,  and  inserting  an  en- 
tirely new  bill ;  or  to  amend  a  resolution 
by  striking  out  all  after  the  words  "  Ee- 
solved  that,"  and  inserting  a  proposition 
of  a  wholly  different  tenor. 


CHAPTEE  X. 
Of  the  Order  and  Succession  of  Questions. 

134.  It  is  a  general  rule,  that,  when  a 
proposition  is  regularly  before  a  deliber- 
ative assembly  for  its  consideration,  no 
other  proposition  or  motion  can  regularly 
be  made  or  arise,  so  as  to  take  the  place 


PRIVILEGED    QUESTIONS.  87 

of  the  former,  and  be  first  acted  upon,  un- 
less it  be  either,  first,  a  privileged  ques* 
tion ;  secondly,  a  subsidiary  question ;  or, 
thirdly,  an  incidental  question  or  motion. 

135.  All  these  motions  take  the  place 
of  the  principal  motion,  or  main  question, 
as  it  is  usually  called,  and  are  to  be  first 
put  to   the    question;  and,  among   them- 
selves, also,  there  are  some,  which,  in  like 
manner,  take  the  place  of  all  the   others. 
Some  of  these  questions  merely  supersede 
the  principal   question,  until  they   have 
been  decided  ;  and,  when  decided,  whether 
affirmatively    or    negatively,    leave    that 
question  as  before.     Others  of  them  also 
supersede   the   principal  question,   until 
they  are  decided ;  and,  when  decided  one 
way,  dispose  of  the  principal  question;  but, 
if  decided  the  other  way,  leave  it  as  before. 

Sect.  I.    Privileged  Questions. 

136.  There  are  certain  motions  or  ques- 
tions, which,  on  account  of  the   superior 
importance  attributed  to   them,  either  in 
consequence  of  a  vote  of  the  assembly,  or 
in  themselves  considered,  or  of  the  neces- 


88  PARLIAMENTARY   PRACTICE. 

sity  of  the  proceedings  to  which  they 
lead,  are  entitled  to  take  the  place  of  any 
other  subject  or  proposition,  which  may 
then  be  under  consideration,  and  to  be 
first  acted  upon  and  decided  by  the  as- 
sembly. These  are  called  privileged  ques- 
tions, because  they  are  entitled  to  prece- 
dence over  other  questions,  though  they 
are  of  different  degrees  among  themselves. 
Questions  of  this  nature  are  of  three  kinds, 
namely,  first,  motions  to  adjourn  ;  secondly, 
motions  or  questions  relating  to  the  rights 
and  privileges  of  the  assembly,  or  of  its 
members  individually  ;  and,  thirdly,  mo- 
tions for  the  orders  of  the  day. 

Adjournment. 

137.  A  motion  to  adjourn  takes  the 
place  of  all  other  questions  whatsoever*  ; 

*  It  is  commonly  said,  that  a  motion  to  adjourn  is 
always  in  order,  but  this  is  not  precisely  true.  The 
question  of  adjournment  may,  indeed,  be  moved  re- 
peatedly on  the  same  day  ;  yet,  in  strictness,  not  with- 
out some  intermediate  question  being  proposed,  after 
one  motion  to  adjourn  is  disposed  of,  and  before  the 
next  motion  is  made  for  adjourning  ;  as,  for  example, 
an  amendment  to  a  pending  question,  or  for  the  read- 
ing of  some  paper.  The  reason  of  this  is,  that,  until 
some  other  proceeding  has  intervened,  the  question 
already  decided  id  the  same  as  that  newly  moved. 


ADJOURNMENT.  89 

for,  otherwise,  the  assembly  might  be  kept 
sitting  against  its  will,  and  for  an  in- 
definite time ;  but,  in  order  to  entitle  this 
motion  to  precedence,  it  must  be  simply 
to  "  adjourn,"  without  the  addition  of  any 
particular  day  or  time.  And,  as  the  object 
of  this  motion,  when  made  in  the  midst 
of  some  other  proceeding,  and  with  a  view 
to  supersede  a  question  already  proposed, 
is  simply  to  break  up  the  sitting,  it  does 
not  admit  of  any  amendment  by  the  ad- 
dition of  a  particular  day,  or  in  any  other 
manner ;  though,  if  a  motion  to  adjourn 
is  made,  when  no  other  business  is  before 
the  assembly,  it  may  be  amended  like 
other  questions. 

138.  A  motion  to   adjourn  is  merely, 
"  that  this  assembly  do   now  adjourn ; " 
and,  if  it  is  carried  in  the  affirmative,  the 
assembly  is  adjourned  to  the  next  sitting 
day ;  unless  it  has  previously  come  to  a 
vesolution,  that,  on  rising,  it  will  adjourn 
to  a  particular  day ;  in  which  case,  it  is 
adjourned  to  that  day. 

139.  An  adjournment  without  day,  that 
is,  without  any  time  being  fixed  for  reas- 


90  PARLIAMENTARY   PRACTICE. 

sembling,  would,  in  the  case  of  any  other 
than  a  legislative  assembly,  be  equivalent 
to  a  dissolution.* 

140.  When  a  question  is  interrupted  by 
an  adjournment,  before  any  vote  or  ques- 
tion has  been  taken  upon  it,  it  is  thereby 
removed    from  before  the  assembly,  and 
will  not   stand   before   it,  as  a  matter  of 
course,  at  its  next  meeting,  but  must   be 
brought  forward  in  the  usual  way. 

Questions  of  Privilege. 

141.  The  questions,  next  in  relative  im- 
portance, and  which  supersede  all  others 
for  the  time  being,  except  that  of  adjourn- 
ment, are  those  which  concern  the  rights 
and  privileges  of  the  assembly,  or   of   its 
individual  members ;     as,    for     example, 
when  the  proceedings  of  the  assembly  are 
disturbed     or     interrupted,  whether     by 
strangers  or  members  ;  or  where  a  quar- 

*  It  is  quite  common,  when  the  business  of  a  delib- 
erative assembly  has  been  brought  to  a  close,  to 
adjourn  the  assembly  without  day.  A  better  form  is 
to  dissolve  it ;  as  an  adjournment  without  day,  if  we 
regard  the  etymology  of  the  word  adjourn,  is  a  con- 
tradiction in  terms. 


ORDERS   OF   THE   DAT.  91 

rel  arises  between  two  members  ;  and,  in 
these  cases,  the  matter  of  privilege  super- 
sedes the  question  pending  at  the  time, 
together  with  all  subsidiary  and  inci- 
dental ones,  and  must  be  first  disposed  of. 
When  settled,  the  question  interrupted 
by  it  is  to  be  resumed,  at  the  point  where 
it  was  suspended. 

Orders  of  the  Day. 

142.  When  the  consideration  of  a  sub- 
ject has  been  assigned  for   a   particular 
day,   by   an   order  of   the    assembly,  the 
matter  so  assigned  is  called  the    order  of 
the  day  for  that  day.     If,  in  the  course  of 
business,  as  commonly  happens  in  legis- 
lative assemblies,  there  are  several   sub- 
jects assigned  for  the  same  day,  they   are 
called  the  orders  of  the  day. 

143.  A  question,  which   is   thus  made 
the  subject  of  an  order  for   its  considera- 
tion on  a  particular  day,  is  thereby  made 
a  privileged  question  for  that  day ;  the  or- 
der being  a  repeal,  as  to  this  special  case, 
of  the   general   rule  as  to  business.     If, 


92  PARLIAMENTARY   PRACTICE. 

therefore,  any  other  proposition  (with  the 
exception  of  the  two  preceding)  is  moved 
or  arises,  on  the  day  assigned  for  the  con- 
sideration of  a  particular  subject,  a  mo- 
tion for  the  order  of  the  day  will  super- 
sede the  question  first  made,  together 
with  all  subsidiary  and  incidental  ques- 
tions connected  with  it,  and  must  be  first 
put  and  decided  ;  for  if  the  debate  or  con- 
sideration of  that  subject  were  allowed  to 
proceed,  it  might  continue  through  the 
day  and  thus  defeat  the  order. 

144.  But   this   motion,  to  entitle  it  to 
precedence,  must  be  for  the  orders  gener- 
ally, if  there  is  more  than  one,  and  not  for 
any  particular  one  ;  and,  if  decided  in  the 
affirmative,  that  is,  that  the  assembly  will 
now  proceed   to    the   orders  of  the  day, 
they  must  then  be  read  and  gone  through 
with,  in  the  order   in   which  they  stand ; 
priority  of  order  being  considered  to  give 
priority  cf  right. 

145.  If  the  consideration  of  a  subject  is 
assigned  for  a  particular  hour  on  the  day 
named,  a  motion  to  proceed  to  it  is  not  a 
privileged  motion,  until  that  hour  has  ar- 


ORDERS    OF   THE   DAY.  03 

rived ;  but,  if  no  hour  is  fixed,  the  order  is 
for  the  entire  day  and  every  part  of  it. 

146.  Where  there  are  several  orders  of 
the  day,  and  one  of  them   is  fixed   for   a 
particular  hour,  if  the  orders  are  taken  up 
before    that    hour,  they   are    to  be  pro- 
ceeded with  as  they  stand,  until  that  hour, 
and    then   the  subject  assigned    for  that 
hour  is  the  next  in  order;  but,  if   the    or- 
ders are  taken  up  at  that    time    or  after- 
wards, that   particular  subject   must  be 
considered  as  the  first  in  order. 

147.  If  the  motion  for  the  orders  of  the 
day  is  decided  in  the  affirmative,  the  orig- 
inal question  is  removed  from  before  the 
assembly,  in  the  same  manner  as  if  it  had 
been  interrupted  by  an  adjournment,  and 
does  not  stand  before  the  assembly,  as  a 
matter  of  course,  at  its  next  meeting,  but 
must  be  renewed  in  the  usual  way. 

148.  If   the  motion  is   decided   in  the 
negative,    the   vote    of   the  assembly  is  a 
discharge  of  the  orders,  so  far  as  they  in- 
terfere with  the  consideration  of  the  sub- 
ject then  before  it,  and  entitles  that  sub- 
ject to  be  first  disposed  of. 


94  PARLIAMENT AKY   PRACTICE. 

149.  Orders   of   the   day,   unless   pro- 
ceeded in  and  disposed  of  on  the    day  as- 
signed, fall,  of   course,  and  must   be  re- 
newed for   some    other   day.     It  may  be 
provided,  however,  by  a   special  rule,  as 
in  the  legislative  assemblies  of  Massachu- 
setts, that  the  orders  for  a  particular  day 
shall  hold  for  every  succeeding  day,  until 
disposed  of. 

Sect.  II.     Incidental  Questions. 

150.  Incidental  questions  are  such  as 
arise  out  of  other  questions,  and  are  con- 
sequently to  be  decided  before  the  ques- 
tions which  give   rise  to  them.     Of  this 
nature  are,  first,  questions  of   order ;  sec- 
ond, motions  for  the  reading  of  papers, 
etc. ;  third,  leave  to  withdraw  a   motion  ; 
fourth,  suspension  of   a  rule ;    and,  fifth, 
amendment  of  an  amendment. 

Questions  of  Order. 

151.  It  is  the  duty  of  the  presiding  offi- 
cer of  a  deliberative  assembly,  to  enforce 


QUESTIONS   OF   ORDER.  95 

the  rules  and  orders  of  the  body  over 
which  he  presides,  in  all  its  proceedings  ; 
and  this  without  question,  debate,  or  de- 
lay, in  all  cases,  in  which  the  breach  of 
order,  or  the  departure  from  rule,  is  mani- 
fest. It  is  also  the  right  of  every  mem- 
ber, taking  notice  of  the  breach  of  a  rule, 
to  insist  upon  the  enforcement  of  it  in  the 
same  manner. 

152.  But,  though   no  question  can   be 
made,  as  to  the  enforcement  of  the  rules, 
when  there  is  a  breach  or   manifest  de- 
parture from  them,  so  long  as  any  mem- 
ber insists  upon  their  enforcement ;  yet 
questions  may  and  do  frequently  arise,  as 
to   the  fact  of   there   being  a  breach   of 
order,  or   a   violation    of   the   rules   in  a 
particular   proceeding ;    and  these   ques- 
tions must  be  decided  before  a  case  can 
arise  for  the    enforcement   of   the  rules. 
Questions  of  this  kind  are  denominated 
questions  of  order. 

153.  When  any  question  of  this  nature 
arises,  in  the  course  of  any  other  proceed- 
ing, it  necessarily  supersedes  the  further 
consideration  of  the  subject  out  of  which 


96  PARLIAMENTARY   PRACTICE. 

it  arises,  until  that  question  is  disposed 
of ;  then  the  original  motion  or  proceeding 
revives,  and  resumes  its  former  position, 
unless  it  has  been  itself  disposed  of  by 
the  question  of  order. 

154.  When  a  question  of  order  is  raised, 
as  it  may  be  by  any  one  member,  it  is  not 
stated  from  the  chair,  and  decided  by  the 
assembly,  like  other  questions ;  but  is  de- 
cided, in  the  first  instance,  by  the  presid- 
ing officer,  without  any  previous  debate 
or  discussion 'by  the  assembly.  If  the  de- 
cision of  the  presiding  officer  is  not  satis- 
factory, any  one  member  may  object  to  it, 
and  have  the  question  decided  by  the  as- 
sembly. This  is  called  appealing  from  the 
decision  of  the  chair.  The  question  is 
then  stated  by  the  presiding  officer,  on  the 
appeal,  namely  :  shall  the  decision  of  the 
chair  stand  as  the  decision  of  the  assembly  ? 
and  it  is  thereupon  debated  and  decided 
by  the  assembly,  in  the  same  manner  as 
any  other  question  ;  except  that  the  pre- 
siding officer  is  allowed  to  take  a  part  in 
the  debate,  which,  on  ordinary  occasions, 
he  is  prohibited  from  doing. 


BEADING  PAPERS.  97 

Reading  Papers. 

155.  It  is,  for  obvious  reasons,  a  general 
rule,  that,  where  papers   are   laid  before 
a   deliberative    assembly,  for   its   action, 
every  member  has  a  right  to  have  them 
once  read  at  the  table,  before  he  can  be 
compelled  to  vote  on  them  ;  and,  conse- 
quently, when  the  reading  of  any  paper, 
relative  to  a  question  before  the  assembly* 
is  called  for  under  this  rule,  no  question 
need  be  made  as  to* the  reading  ;  the  pa- 
per is  read  by  the  clerk,  under  the  direc- 
tion of  the  presiding  officer,  as  a  matter 
of  course. 

156.  But,  with  the  exception  of  papers 
coming  under  this  rule,  it  is  not  the  right  of 
any  member  to  read  himself,  or  to  have 
read,  any  paper,  book,  or  document  what- 
ever, without  the  leave  of  the  assembly, 
upon  a  motion  made  and  a  question  put 
for  the  purpose.    The  delay  and  interrup- 
tion, which  would  otherwise  ensue  from 
reading  every  paper  that  might  be  called 
for,  show  the  absolute  necessity  of  restrict- 
ing the  rule  within  the  narrowest  possible 


98  PARLIAMENTAKY   PBACTICE. 

limits,  consistently  with  permitting  every 
member  to  have  as  much  information  as 
possible,  on  the  subjects  in  reference  to 
which  he  is  about  to  vote. 

157.  When,  therefore,  a  member  desires 
that  any  paper,  book,  or  document,  on  the 
table,  whether  printed  or  written  (except 
as  above  mentioned),  should  be  read  for 
his    own   information,  or  that  of  the  as- 
sembly ;  or  desires  to  read  any  such  pa- 
per, book,  or  document,  in  his  place,  in 
the  course  of  a  debate,  or  otherwise  ;  or 
even  to  read   his   own   speech  which   he 
has  prepared  beforehand  and  committed 
to  writing ;  in  all  these  cases,  if  any  ob- 
jection is  made,  he  must  obtain  leave  of 
the   assembly,  for   the  reading,  by  a  mo- 
tion and  vote  for  the  purpose. 

158.  When  the  reading   of   a  paper  is 
evidently  for  information,  and  not  for  de- 
lay, it  is  the  usual  practice  for  the  presid- 
ing officer  to  allow  of  it,  unless  objection 
is    made,  in    which    case   leave   must  be 
asked  ;  and  this  is  seldom  refused,  where 
there  is  no  intentional    or  gross  abuse  of 
the  time  and  patience  of  the  assembly. 


WITHDRAWAL  OF  A  MOTION.  99 

159.  It  is   not  now   the  practice,  as  it 
once  was,  in    legislative   assemblies,    to 
read  all  papers  that   are  presented,  espe- 
cially when  they  are  referred  to  commit- 
tees immediately   on  their   presentation ; 
though  the  right  of    every  member  to  in- 
sist upon  one  reading  is  still  admitted.  It 
would  be  impossible,  with  the  amount  of 
business  done  by  legislative  bodies,  at  the 
present  day,  to  devote  much  of  their  time 
to  the  reading  of  papers. 

160.  When,  in  the  course  of  a  debate  or 
other  proceeding,  the   reading  of  a  paper 
is  called  for,  and  a  question  is  made  upon 
it,  this  question  is  incidental  to  the  form- 
er, and  must  be  first  decided. 

Withdrawal  of  a  Motion. 

161.  A  motion,  when   regularly   made, 
seconded,  and  proposed  from  the  chair,  is 
then   in   the  possession  of   the  assembly, 
and  cannot  be  withdrawn  by  the  mover,  or 
directly  disposed   of   in  any  manner,  but 
by  vote  ;  hence,  if  the  mover  of  a  question 
wishes   to   modify   it,  or   to   substitute  a 
different  one  in  its  place,  he   must  obtain 


100  PARLIAMENTARY  PKACTICE. 

the  leave  of  the  assembly  for  that  pur- 
pose; which  leave  can  only  be  had,  if  ob- 
jection is  made,  by  a  motion  and  question 
in  the  usual  mode  of  proceeding. 

162.  If  this  motion  is   decided   in  the 
affirmative,  the  motion  to  which  it  relates 
is  thereby  removed  from   before  the   as- 
sembly, as  if  it  had  never  been  moved ;  if 
in  the  negative,  the  business  proceeds  as 
before. 

Suspension  of  a  Rule. 

163.  When   any  contemplated   motion 
or  proceeding  is  rendered  impracticable, 
by  reason  of  the  existence  of  some  special 
rule  by  which  it  is  prohibited,  it   has  be- 
come an  established  practice  in  this  coun- 
try, to  suspend  or  dispense  with  the  rule, 
for  the  purpose  of  admitting  the  proceed- 
ing or  motion  which  is  desired.     This  can 
only  be  done  by  a  motion  and   question  ; 
and,  where  this  course  is  taken  in  order  to 
a  motion  having  reference  to  a  proposition 
then  under  consideration,  a  motion  to  sus- 
pend the   rule   supersedes  the    original 


AMENDMENT   OF  AMENDMENTS.  101 

question  for  the  time  being,  and  is  first  to 
be  decided. 

164.  It   is  usual,  in   the  code  of  rules 
adopted  by  deliberative   assemblies,  and 
especially   legislative  bodies,  to  provide 
that  a  certain  number  exceeding  a  majority, 
as  two  thirds  or  three  fourths,shall  be  com- 
petent to  the  suspension  of  a  rule  in  a  par- 
ticular case  ;  where  this  is   not   provided, 
there  seems  to  be  no  other  mode  of   sus- 
pending or  dispensing  with  a  rule  than  by 
general  consent. 

Amendment  of  Amendments. 

165.  In  treating  of  amendments,  it  has 
already  been  seen,  that  it  is  allowable  to 
amend  a  proposed  amendment ;  and  that 
the  question   on     such     sub-amendment 
must  necessarily  be  put   and  decided   be- 
fore putting  the  question  on   the  amend- 
ment.    The  former  is  incidental  to  the  lat- 
ter, and  supersedes  it  for  the  time  being. 

Sect.  III.    Subsidiary  Questions. 

166.  Subsidiary,    or   secondary,    ques- 
tions  or  motions,  as  has  already    been 


1(J2  PABlJlA'alflNTAKY   PRACTICE. 

stated,  are  those  which  relate  to  a  princi- 
pal motion,  and  are  made  use  of  to  enable 
the  assembly  to  dispose  of  it  in  the  most 
appropriate  manner.  These  motions  have 
the  effect  to  supersede,  and,  in  some  cases, 
when  decided  one  way,  to  dispose  of,  the 
principal  question.  They  are  also  of  dif- 
ferent degrees  among  themselves,  and,  ac- 
cording to  their  several  natures,  super- 
sede, and  sometimes  dispose  of,  one  an- 
other. 

167.  The  subsidiary   motions  in   com- 
mon use  are   the    following,  namely  : — lie 
on  the   table, — the    previous  question, — 
postponement,  either  indefinite  or  to  a  day 
certain, — commitment, — and,  amendment. 

168.  It  is  a  general   rule,  with   certain 
exceptions   which   will     be    immediately 
mentioned,  that   subsidiary  motions   can 
not  be  applied  to  one  another  ;  as,  for  ex- 
ample,  suppose   a   motion  to    postpone, 
commit  or  amend  a  principal   question,  it 
can  not  be  moved  to  suppress  the  motion 
to   postpone,   &c.,  by  putting  a  previous 
question  on  it ;  or,  suppose  the   previous 
question  is  moved,    or  a  commitment,  or 


SUBSIDIARY    QUESTIONS.  103 

amendment,  of  a  main  question,  it  can 
not  be  moved,  to  postpone  the  previous 
question,  or  the  motion  for  commitment  or 
amendment.  The  reasons  for  this  rule 
are  :  1.  It  would  be  absurd  to  separate  the 
appendage  from  its  principal ;  2.  It  would 
be  a  piling  of  questions  one  on  another, 
which,  to  avoid  embarrassment,  is  not  al- 
lowed; and  3.  The  same  result  may  be 
reached  more  simply  by  voting  against  the 
motion  which  it  is  attempted  to  dispose 
of  by  another  secondary  motion. 

169.  The  exceptions  to  the  rule  above 
stated  are,  that  motions  to  postpone 
(either  to  a  day  certain  or  indefinitely),  to 
commit,  or  to  amend,  a  principal  question, 
may  be  amended,  for  the  reason,  that  the 
useful  character  of  amendment  gives  it  a 
privilege  of  attaching  itself  to  a  second- 
ary and  privileged  motion ;  that  is,  a 
subsidiary  motion  to  carry  out  and  im- 
prove another  may  be  applied  to  that 
other,  but  a  subsidiary  motion  to  dispose 
of  or  suppress  another  is  not  admissible. 
Hence,  the  subsidiary  motions  above  men- 
tioned may  be  amended, 


104  PARLIAMENTARY  PRACTICE. 

170.  A    previous     question,    however, 
can  not  be  amended ;  the  nature  of  it  not 
admitting  of  any  change.      Parliamentary 
usage  has  fixed  its  form  to   be,  shall  the 
main  question  be  now  put  ?  that  is,  at  this 
instant;  and,  as  the  present  instant  is  but 
one,  it  cannot  admit  of   any  modification ; 
and  to  change  it  to  the   next   day  or   any 
other  moment  is  without  example  or  utili- 
ty.    For  the  same   reasons,  also,  that  the 
form  of  it  is  fixed  by  parliamentary  usage, 
and   is   already  as   simple  as  it  can  be,  a 
motion    to  lie   on  the   table   cannot  be 
amended. 

Lie  on  the  Table. 

171.  This  motion  is  usually  resorted  to, 
when  the  assembly  has  something  else  be- 
fore it  which  claims  its  present  attention, 
and  therefore  desires  to  lay  aside  a  propo- 
sition  for   a   short  but    indefinite    time, 
reserving  to  itself  the  power  to  take  it  up 
when  convenient.     This  motion  takes  pre- 
cedence of  and  supersedes  all  the  other 
subsidiary  motions. 


PREVIOUS   QUESTION.  105 

172.  If  decided  in  the  affirmative,  the 
principal   motion,  together   with   all  the 
other  motions,  subsidiary  and  incidental, 
connected  with  it,  is  removed  from  before 
the  assembly,  until  it  is  again  taken  up ; 
which  it  may  be,  by  motion  and  vote,  at 
any  time,  when  the  assembly  pleases. 

173.  If  decided  in  the   negative,  the 
business  proceeds  in  the  same  manner  as 
if  the  motion  had  never  been  made. 

Previous  Question. 

174.  This   motion  has   already  been 
described  (63),  and  the  nature  and  effect 
of  it  fully  stated.     It  stands  in  an  equal 
degree  with  all  the  other  subsidiary  mo- 
tions, except  the  motion  to  lie  on  the  table  ; 
and,  consequently,  if  first   moved,  is  not 
subject  to  be  superseded   by  a  motion  to 
postpone,  commit  or  amend. 

175.  If  the  previous  question  is  moved 
before   the  others  above  mentioned,  and 
put  to  the  question,   it  has  the  effect  to 
prevent  those  motions   from  being  made 
at   all;  for,    if   decided   affirmatively,    to 
wit,  that  the  main  question  shall  now  be 


106  PAKLIAMENTAKY   PRACTICE. 

put,  it  would  of  course  be  contrary  to  the 
decision  of  the  assembly,  and  therefore 
against  order,  to  postpone,  commit  or 
amend ;  and  if  decided  negatively,  to  wit, 
that  the  main  question  shall  not  now  be 
put,  this  takes  the  main  question  out  of 
the  possession  of  the  assembly,  for  the 
day,  so  that  there  is  then  nothing  before 
it  to  postpone,  commit,  or  amend.* 

Postponement. 

176.  The  motion  to  postpone  is  either 
indefinite,  or  to  a  day  certain  ;  and,  in 
both  these  forms,  may  be  amended ;  in 
the  former,  by  making  it  to  a  day  certain, 
— in  the  latter,  by  substituting  one  day 
for  another.  But,  in  the  latter  case,  propo- 
sitions to  substitute  different  days  for 
that  originally  named,  bear  more  resem- 
blance to  propositions  for  filling  blanks, 


.  *  In  the  house  of  representatives  of  Massachusetts, 
as  the  effect  of  a  negative  decision  of  the  previous 
question  is  not  to  remove  the  principal  question  from 
before  the  house,  that  question  is  still  open  to  post- 
ponement, commitment,  or  amendment,  notwith- 
standing such  negative  decision. 


POSTPONEMENT.  107 

than  they  do  to  amendments,  and  should 
be  considered  and  treated  accordingly. 

177.  If,  therefore,  a   motion  is  made 
for  an  indefinite  postponement,  it  may  be 
moved  to  amend  the  motion,  by  making  it 
to  a  day  certain.      If  any  other  day  is  de- 
sired, it  may  be  moved  as  an   amendment 
to  the  amendment ;  or  it  may  be  moved  as 
an  independent  motion,  when  the  amend- 
ment has  been  rejected. 

[In  some  deliberative  bodies  the  cus- 
tom is  different.  Motions  for  indefinite 
postponement  can  not  be  amended,  be- 
cause it  is  not  allowable  to  change  one 
form  of  question  into  another.] 

178.  If  a   motion   is  made  for  a  post- 
ponement   to    a   day  certain,  it   may  be 
amended  by   the   substitution  of   a  differ- 
ent day  ;  but  in  this  case,  a   more  simple 
and  effectual  mode   of   proceeding  is   to 
consider  the  day  as  a  blank,  to  be  filled 
in  the  usual  manner,  beginning  with  the 
longest  time. 

179.  This  motion  stands   in   the  same 
degree  with  motions  for  the  previous  ques- 
tion,— to   commit, — and   to   amend  ;  and, 


108  PARLIAMENTARY   PRACTICE. 

if  first  made,  is  not  susceptible  of  being 
superseded  by  them. 

180.  If  a  motion  for   postponement  is 
decided  affirmatively,  the   proposition  to 
which  it  is  applied  is   removed   from  be- 
fore the  assembly,  with  all  its  appendages 
and  incidents,  and  consequently  there  is 
no   ground  for  either  of   the  other  sub- 
sidiary  motions ;   if  decided   negatively, 
that  the  proposition   shall   not  be   post- 
poned, that  question  may   then    be   sup- 
pressed by  the  previous  question,  or  com- 
mitted, or  amended. 

Commitment. 

181.  A  motion  to  commit,  or  recommit 
(which  is  the  term  used  when  the  propo- 
sition has  already  been  once  committed), 
may  be  amended,  by  the   substitution  of 
one  kind  of  committee  for  another,  or  by 
enlarging  or  diminishing  the   nftftbeT  of 
the  members  of   the  committee,  as   origi- 
nally proposed,  or  by  instructions  to  the 
committee. 

182.  This   motion  stands  in   the  same 
degree   with  the  previous  question  and 


AMENDMENT.  109 

postponement — and,  if  first  made,  is  not 
superseded  by  them — but  it  takes  preced- 
ence of  a  motion  to  amend. 

183.  If  decided  affirmatively,  the  pro- 
position is  removed  from  before  the  as- 
sembly ;    and,   consequently,  there   is  no 
ground  for  the  previous    question,  or  for 
postponement,  or   amendment  ;    if  nega- 
tively, to  wit,  that  the  principal   question 
shall  not  be  committed,  that  question  may 
then  be  suppressed  by  the  previous  ques- 
tion, or  postponed,  or  amended. 

Amendment. 

184.  A  motion  to  amend,  as  has  been 
seen,  may  be  itself  amended.     It  stands 
in   the  same   degree   only  with  the   pre- 
vious  question  and  indefinite   postpone- 
ment, and  neither,  if  first  moved,  is  super- 
seded by  the  other. 

185.  But  this  motion  is  liable   to   be 
superseded  by  a  motion  to  postpone  to  a 
day  certain  ;  so  that  amendment  and  post- 
ponement competing,  the  latter  is  to  be 
first  put.     The  reason  is,  that  a  question 
for  amendment  is  not  suppressed  by  post- 


110  PARLIAMENT AET   PRACTICE. 

poning  or  adjourning  the  principal  ques- 
tion, but  remains  before  the  assembly, 
whenever  the  main  question  is  resumed ; 
for  otherwise,  it  might  happen,  that  the 
occasion  for  other  urgent  business  might 
go  by  and  be  lost  by  length  of  debate  on 
the  amendment,  if  the  assembly  had  no 
power  to  postpone  the  whole  subject. 

186.  A  motion  to  amend  may  also  be 
superseded   by  a  motion   to  commit ;  so 
that    the     latter,    though     subsequently 
moved,  is   to  be  first  put ;  because,  "  in 
truth,  it  facilitates  and  befriends  the  mo- 
tion to  amend." 

187.  The  effect  of  both  a  negative  and 
an  affirmative  decision  of  amendments  has 
already  been  considered  (94  to  127). 


CHAPTEK  XL 
Of  the  Order  of  Proceeding. 

188.  When  several  subjects  are  before 
the  assembly,  that  is,  on  their  table  for 
consideration  (for  there  can  be  but  a  sin- 
gle subject  under  consideration  at  the 


OEDEB  OF  BUSINESS.  Ill 

same  time),  and  no  priority  has  been  given 
to  any  one  over  another,  the  presiding 
officer  is  not  precisely  bound  to  any  order, 
as  to  what  matters  shall  be  first  taken  up  ; 
but  is  left  to  his  own  discretion,  unless 
the  assembly  on  a  question  decide  to  take 
up  a  particular  subject. 

189.  A  settled  order  of  business,  how- 
ever, where  the  proceedings  of  an  assem- 
bly are  likely  to  last-  a  considerable  time, 
and  the  matters  before  it  are  somewhat 
numerous,  is  useful  if  not  necessary  for 
the  government  of  the  presiding  officer, 
and  to  restrain  individual  members  from 
calling  up  favorite  measures,  or  matters 
under  their  special  charge,  out  of  their 
just  time.     It  is  also  desirable,  for  direct- 
ing the  discretion  of  the  assembly,  when  a 
motion  is  made  to  take  up  a  particular 
matter,  to  the  prejudice  of  others,  which 
are  of  right  entitled  to  be  first  attended 
to,  in  the  general  order  of  business. 

190.  The  order  of  business  may  be  es- 
tablished in  virtue  of  some  general  rule, 
or  by  special  orders  relating  to  each  par- 
ticular subject ;  and  must,  of  course,  nee- 


112  PAKLIAMENTAKY   PKACTICE. 

essarily  depend  upon  the  nature  and 
amount  of  the  matters  before  the  assem- 
bly. 

191.  The  natural  order,  in  considering 
and  amending  any  paper,  which  consists 
of  several  distinct  propositions,  is,  to  be- 
gin at  the  beginning,  and  proceed  through 
it  by  paragraphs  ;  and  this  order  of  pro- 
ceeding, if  strictly  adhered  to,  as  it  should 
always  be  in  numeraus  assemblies,  would 
prevent  any  amendment  in  a  former  part, 

•  from  being  admissible,  after  a  latter  part 
had  been  amended  ;  but  this  rule  does  not 
seem  to  be  so  essential  to  be  observed  in 
smaller  bodies,  in  which  it  may  often  be 
advantageous  to  allow  of  going  from  one 
part  of  a  paper  to  another,  for  the  purpose 
of  amendments. 

192.  To  this  natural  order  of  beginning 
at  the  beginning,  there  is  one  exception 
according  to  parliamentary  usage,  where 
a  resolution  or  series  of  resolutions,  or 
other  paper,  has  a  preamble  or  title ;  in 
which  case  the  preamble  or  title  is  post- 
poned, until  the  residue  of  the  paper  is 
gone  through  with. 


OREER  OF  PROCEEDING.  113 

193.  In  considering  a  proposition  con- 
sisting of  several  paragraphs,  the  course 
is,  for  the  whole  paper  to  be  read  entirely 
through,  in  the  first  place,  by  the  clerk ; 
then,  a  second  time,  by  the  presiding  offi- 
cer, by  paragraphs  ;  pausing  at  the  end  of 
each,  and  putting  questions  for  amending, 
if  amendments  are  proposed ;  and,  when 
the  whole  paper  has  been   gone  through 
with,  in  this  manner,  the  presiding  officer 
puts  the  final  question  on  agreeing  to  or 
adopting  the  whole  paper,  as  amended,  or 
unamended. 

194.  When  a  paper,  which  has  been  re- 
ferred to  a  committee,  and  reported  back 
to  the  assembly,  is  taken  up  for  consider- 
ation, the  amendments  only  are  first  read, 
in   course,  by  the   clerk.     The   presiding 
officer  then  reads  the  first,  and  puts  it  to 
the  question,  and   so  on  until  the  whole 
are  adopted  or  rejected,  before  any  other 
amendment  is  admitted,  with  the  excep- 
tion of  an  amendment  to  an  amendment. 
When  the  amendments  reported  by  the 
committee  have  been  thus  disposed  of,  the 
presiding  officer  pauses,  and  gives  time 


114  PARLIAMENT AKY   PKACTICE, 

for  amendments  to  be  proposed  in  the  as- 
sembly to  the  body  of  the  paper  (which  he 
also  does,  if  the  paper  has  been  reported 
without  amendments,  putting  no  questions 
but  on  amendments  proposed) ;  and  when 
through  the  whole,  he  puts  the  question 
on  agreeing  to  or  adopting  the  paper,  as 
the  resolution,  order,  &c.,  of  the  assembly. 

195.  The  final   question  is   sometimes 
stated   merely  on  the  acceptance  of   the 
report,  but  a  better  form  is  on  agreeing 
with  the  committee  in  the  resolution,  or- 
der, or  whatever  else   the   conclusion   of 
the  report  may  be,  as  amended,  or  with- 
out  amendment ;  and   the   resolution   or 
order  is  then  to  be  entered  in  the  journal 
as   the  resolution,  &c.,  of  the   assembly, 
and  not  as  the  report  of  the  committee 
accepted. 

196.  When  the  paper  referred  to  a  com- 
mittee is  reported  back,  as  amended,  in  a 
new   draft   (which   may  be   and  often  is 
done,  where  the  amendments  are  numer- 
ous and  comparatively  unimportant),  the 
new  draft  is  to  be  considered  as  an  amend- 
ment, and  is  to  be  first  amended,  if  neces- 


QUESTIONS  AND  MOTIONS.  115 

sary,  and  then  put  to  the  question  as  an 
amendment  reported  by  the  committee ; 
or,  the  course  may  be,  first  to  accept  the 
new  draft,  as  a  substitute  for  the  original 
paper,  and  then  to  treat  it  as  such. 

197.  It  often  happens,  that,  besides  a 
principal  question,  there  are  several  oth- 
ers connected  with  it,  pending  at  the  same 
time,  which  are  to  be  taken  in  their  order; 
as,  for  example,  suppose,  first,  a  principal 
motion  ;  second,  a  motion  to  amend ;  third, 
a  motion  to  commit ;  fourth,  the  preceding 
motions  being  pending,  a  question  of  order 
arises  in  the  debate,  which  gives  occasion, 
fifth,  to  a  question  of  privilege,  and  this 
leads,  sixth,  to  a  subsidiary  motion,  as,  to 
lie  on  the  table.  The  regular  course  of 
proceeding  requires  the  motion  to  lie  on 
the  table  to  be  first  put ;  if  this  is  nega- 
tived, the  question  of  privilege  is  then 
settled;  after  that  comes  the  question  of 
order  ;  then  the  question  of  commitment ; 
if  that  is  negatived,  the  question  of  amend- 
ment is  taken  ;  and,  lastly,  the  main  ques- 
tion. This  example  will  sufficiently  illus- 
trate the  manner  in  which  questions  may 


116  PABLIAMENTAKY  PRACTICE. 

grow   out  of   one   another,  and  in  what 
order  they  are  to  be  decided.* 

198.  When  a  motion  is  made  and  sec- 
onded, it  is  the  duty  of  the  presiding  offi- 
cer to  propose  it  to  the  assembly ;  until 
this  is  done,  it  is  not  a  question  before 
the  assembly,  to  be  acted  upon  or  consid- 
ered in  any  manner ;   and  consequently  it 
is  not  then  in  order  for  any  member  to 
rise  either  to  debate  it,  or  to  make  any 
motion  in  relation  to  it  whatever. 

199.  It   is  therefore  a  most  unparlia- 
mentary and  abusive  proceeding  to  allow 
a  principal  motion  and  a  subsidiary  one 
relating  to  it  to  be  proposed   and  stated 
together,  and  to  be  put  to  the  question  in 
their  order ;  as  is  done  when   a   member 
moves  a  principal  question,  a  resolution, 
for  example,  and,  at   the  same  time,  the 
previous  question,  or  that  the  resolution 
lie  on  the  table.     In  such  a  case,  the  pre- 
siding officer  should  take  no  notice  what- 
ever of  the  subsidiary  motion,  but  should 

*  The  order  of  motions,  for  the  disposal  of  any  ques- 
tion, is  usually  fixed  by  a  special  rule,  in  legislative 
assemblies.  See  note  to  paragraph  61. 


QUESTION  OF  ORDER.  117 

propose  the  principal  one  by  itself  in  the 
usual  manner,  before  allowing  any  other 
to  be  made.  Other  members,  then,  would 
not  be  deprived  of  their  rights  of  debate, 
&c.,  in  relation  to  the  subject  moved. 

200,  When  a  member  has  obtained  the 
floor,  he  cannot  be  cut  off  from  addressing 
the  assembly,  on  the  question  before  it ; 
nor,  when  speaking,  can  he  be  interrupted 
in  his  speech,  by  any  other  member  rising 
and  moving  an  adjournment,  or  for  the 
orders  of  the  day,  or  by  making  any  other 
privileged  motion  of  the  same  kind ;  it 
being  a  general  rule,  that  a  member  in 
possession  of  the  floor,  or  proceeding  with 
his  speech,  cannot  be  taken  down  or  in- 
terrupted, but  by  a  call  to  order  ;  and  the 
question  of  order  being  decided,  he  is  still 
to  be  heard  through.  A  call  for  an  ad- 
journment, or  for  the  orders  of  the  day, 
or  for  the  question,  by  gentlemen  in  their 
seats,  is  not  a  motion ;  as  no  motion  can 
be  made,  without  rising  and  addressing 
the  chair,  and  being  called  to  by  the  pre- 
siding officer.  Such  calls  for  the  ques- 
tion are  themselves  breaches  of  order, 


118  PAKLIAMENTAKY  PBACTICE. 

which,  though  the  member  who  has  risen 
may  respect  them,  as  an  expression  of  the 
impatience  of  the  assembly  at  further  de  - 
bate,  do  not  prevent  him  from  going  on  if 
he  pleases. 


CHAPTEE  XII. 
Of  Order  in  Debate. 

201.  Debate  in  a  deliberative  assembly 
must  be  distinguished  from  forensic  de- 
bate, or  that  which  takes  place  before  a 
judicial  tribunal ;  the  former  being,  in 
theory,  at  least,  more  the  expression  of 
individual  opinions  among  the  members 
of  the  same  body ;  the  latter  more  a  con- 
test for  victory,  between  the  disputants, 
before  a  distinct  and  independent  body ; 
the  former  not  admitting  of  replies  ;  the 
latter  regarding  reply  as  the  right  of  one 
of  the  parties.* 

*  An  exception  to  this  rule  is  sometimes  made  in 
favor  of  the  mover  of  a  question,  who  is  allowed,  at 
the  close  of  the  debate,  to  reply  to  the  arguments 
brought  against  his  motion  ;  but  this  is  a  matter  of 
favor  and  indulgence,  and  not  of  right. 


MANNER  OF  SPEAKING.  119 

202.  It  is  a  general  rule,  in  all  delibera- 
tive assemblies,  that  the  presiding  officer 
shall   not   participate   in   the  debate,  or 
other  proceedings,  in  any  other  capacity 
than  as  such  officer.     He  is  only  allowed, 
therefore,  to  state  matters  of  fact  within 
his  knowledge ;   to   inform  the  assembly 
on  points  of  order   or   the   course  of  pro- 
ceeding, when  called  upon   for  that   pur- 
pose, or  when  he  finds  it  necessary  to  do 
so  ;  and  on  appeals  from   his  decision  on 
questions  of  order,  to  address  the  assem- 
bly in  debate. 

Sect.  I.    As  to  the  Manner  of  Speaking. 

203.  When  a  member  desires  to  address 
the  assembly,  on  any  subject  before  it  (as 
well  as  to  make  a  motion),  he   is   to   rise 
and  stand  up  in  his  place,  uncovered,  and 
to   address  himself  not  to  the  assembly, 
or  any  particular  member,  but  to  the  pre- 
siding officer,  who,  on   hearing  him,  calls 
to  him   by  his  name,  that  the  assembly 
may  take  notice  who   it   is   that  speaks, 
and  give  their  attention   accordingly,     If 


120  PAKLIAMENTAKY  PRACTICE. 

any  question  arises,  as  to  who  shall  be 
entitled  to  the  floor,  where  several  mem- 
bers rise  at  or  nearly  at  the  same  time, 
it  is  decided  in  the  manner  already  de- 
scribed (46),  as  to  obtaining  the  floor  to 
make  a  motion. 

204.  It   is  customary,  indeed,  for   the 
presiding  officer,  after  a   motion  has  been 
made,  seconded,  and  proposed,  to  give  the 
floor   to   the    mover,*   in    preference    to 
others,  if  he  rises  to  speak ;  or,  on  resum- 
ing  a   debate,  after   an    adjournment,   to 
give   the   floor,  if   he   desires   it,  to  the 
mover  of   the  adjournment,  in   preference 
to  other  members  ;  or,  where  two  or  more 
members  claim   the   floor,  to  prefer  him 
who  is  opposed  to  the  measure   in   ques- 
tion ;   but,  in  all   these   cases,  the   deter- 
mination of  the  presiding  officer  may  be 
overruled  by  the  assembly. 

205.  It   is   sometimes     thought,    that, 

*  Sometimes  a  member,  instead  of  proposing  his 
motion,  at  first,  proceeds  with  his  speech  ;  but  in 
such  a  case,  he  is  liable  to  be  taken  down  to  order, 
unless  he  states  that  he  intends  to  conclude  with  a 
motion,  and  informs  the  assembly  what  that  motion 
is,  and  then  he  m&y  be  allowed  to  proceed. 


MANNER  OF  SPEAKING.  121 

when  a  member,  in  the  course  of  debate, 
breaks  off  his  speech  and  gives  up  the 
floor  to  another  for  a  particular  purpose, 
he  is  entitled  to  it  again,  as  of  right,  when 
that  purpose  is  accomplished ;  but,  though 
this  is  generally  conceded,  yet,  when  a 
member  gives  up  the  floor  for  one  pur- 
pose, he  does  so  for  all ;  and  it  is  not  pos- 
sible for  the  presiding  officer  to  take  no- 
tice of  and  enforce  agreements  of  this 
nature  between  members. 

206.  No  person,  in  speaking,  is  to  men- 
tion a  member  then  present  by  his  name  ; 
but   to  describe  him  by  his   seat   in   the 
assembly,  or   as  the  member  who  spoke 
last,  or  last  but  one,  or  on  the  other  side 
of  the  question,  or  by  some  other  equiva- 
lent expression.     The  purpose  of  this  rule 
is  to  guard  as  much   as   possible  against 
the  excitement  of   all   personal    feeling, 
either  of  favor,  or  of  hostility,  by  separat- 
ing, as  it  were,  the  official  from   the   per- 
sonal  character    of    each   member,    and 
having  regard  to   the  former   only  in  the 
debate. 

207.  If  the  presiding  officer  rises  up  to 


122  PARLIAMENTARY  PRACTICE. 

speak,  any  other  member,  who  may  have 
risen  for  the  same  purpose,  ought  to  sit 
down,  in  order  that  the  former  may  be 
first  heard  ;  but  this  rule  does  not  author- 
ize the  presiding  officer  to  interrupt  a 
member,  whilst  speaking,  or  to  cut  off  one 
to  whom  he  has  given  the  floor ;  he  must 
wait  like  other  members  until  such  mem- 
ber has  done  speaking. 

208.  A  member,  whilst  speaking,  must 
remain  standing  in   his  place,  uncovered ; 
and,  when  he  has   finished  his  speech,  he 
ought  to  resume  his  seat ;   but   if  unable 
to  stand  without  pain  or  inconvenience,  in 
consequence  of  age,  sickness,  or  other  in- 
firmity, he  may  be  indulged  to  speak   sit- 
ting. 

Sect.  II.    As  to  the  Matter  in  Speaking. 

209.  Every  question,  that  can  be  made 
in  a  deliberative  assembly  is  susceptible 
of  being  debated,  *  according  to  its  nat- 
ure ;   that  is,  every  member  has  the  right 

*  In  legislative  bodies,  it  is  usual  to  provide  that 
certain  questions,  as,  for  example,  to  adjourn,  to  lie 
on  the  table,  for  the  previous  question,  or,  as  to  the 
order  of  business,  shall  be  decided  without  debate. 


MATTER  IN  SPEAKING.  123 

of  expressing  his  opinion  upon  it.  Hence, 
it  is  a  genera]  rule,  and  the  principal  one 
relating  to  this  matter,  that,  in  debate, 
those  who  speak  are  to  confine  themselves 
to  the  question,  and  not  to  speak  imperti- 
nently, or  beside  the  subject.  So  long  as 
a  member  has  the  floor,  and  keeps  within 
the  rule,  he  may  speak  for  as  long  a  time 
as  he  pleases ;  though,  if  an  uninteresting 
speaker  trespasses  too  much  upon  the 
time  and  patience  of  the  assembly,  the 
members  seldom  fail  to  show  their  dis- 
satisfaction in  some  way  or  other,  which 
induces  him  to  bring  his  remarks  to  a 
close. 

210.  It  is  also  a  rule,  that  no  person, 
in  speaking,  is  to  use  indecent  language 
against  the  proceedings  of  the  assembly, 
or  to  reflect  upon  any  of  its  prior  deter- 
minations, unless  he  means  to  conclude 
his  remarks  with  a  motion  to  rescind  such 
determination;  but  while  a  proposition 
under  consideration  is  still  pending,  and 
not  adopted,  though  it  may  have  been  re- 
ported by  a  committee,  reflections  on  it 
are  no  reflections  on  the  assembly.  The 


124  PARLIAMENTARY  PRACTICE. 

rule  applies  equally  to  the  proceedings  of 
committees;  which  are,  indeed,  the  pro- 
ceedings of  the  assembly. 

211.  Another  rule  in  speaking  is,  that 
no  member  is  at  liberty  to  digress  from 
the  matter  of  the  question,  to  fall  upon 
the   person  of  another,  and  to  speak  re- 
viling, nipping,  or  unmannerly  words  of 
or  to  him.     The  nature  or  consequences 
of  a  measure  may  be  reprobated  in  strong 
terms;  but  to  arraign  the  motives  of  those 
who    advocate   it,   is   a    personality  and 
against  order. 

212.  It  is  very  often  an  extremely  diffi- 
cult and  delicate  matter  to  decide  whether 
the  remarks  of  a  member  are  pertinent  or 
relevant  to  the  question  ;  but  it  will,  in 
general,  be  safe  for  the  presiding  officer 
to   consider  them   so,   unless   they  very 
clearly  reflect,  in  an   improper   manner, 
either   upon   the  person  or  motives  of  a 
member,  or  upon  the  proceedings  of  the 
assembly;   or   the  member   speaking  di- 
gresses from  or  manifestly  mistakes  the 
question. 

213.  It  often  happens  in  the  considera- 


MATTER  IN  SPEAKING.  125 

tion  of  a  subject,  tliat,  whilst  the  general 
question  remains  the  same,  the  particular 
question  before  the  assembly  is  constantly 
changing;  thus,  while,  for  example,  the 
general  question  is  on  the  adoption  of  a 
series  of  resolutions,  the  particular  ques- 
tion may,  at  one  moment  be  on  an  amend- 
ment ;  at  another  on,  postponement ;  and, 
again,  on  the  previous  question.  In  all 
these  cases,  the  particular  question  super- 
sedes, for  the  time,  the  main  question; 
and  those  who  speak  to  it  must  confine 
their  remarks  accordingly.  The  enforce- 
ment of  order,  in  this  respect,  requires 
the  closest  attention  on  the  part  of  the 
presiding  officer. 

214.  When  a  member  is  interrupted  by 
the  presiding  officer,  or  called  to  order  by 
a  member,  for  irrelevancy  or  departing 
from  the  question,  a  question  may  be 
made  as  to  whether  he  shall  be  allowed 
to  proceed  in  his  remarks,  in  the  manner 
he  was  speaking  when  he  was  interrupted; 
but  if  no  question  is  made,  or  if  one  is 
made  and  decided  in  the  negative,  he  is 
still  to  be  allowed  to  proceed  in  order, 


123  PABLIAMENTARY   PRACTICE. 

that    is,    abandoning    the    objectionable 
course  of  remark. 

Sect.  III.    As  to  Times  of  Speaking. 

215.  The   general  rule  in  all  delibera- 
tive  assemblies,   unless  it    is    otherwise 
specially  provided,  is,    that   no   member 
shall  speak  more  than  once  to  the  same 
question;*  although  the  debate  on  that 
question  may  be  adjourned  and  continued 
through    several   days;    and   although   a 
member,  who  desires  to  speak  a  second 
time,  has    in  the  course  of   the   debate, 
changed  his  opinion. 

216.  This  rule  refers  to  the  same  ques- 
tion, technically  considered  ;  for,  if  a  reso- 
lution is  moved  and   debated,  and   then 
referred  to  a  committee,  those  who  speak 
on  the  introduction  of   the  motion  may 
speak  again  on  the  question  presented  by 
the  report  of  the  committee,  though  it  is 
substantially  the  same  question  with  the 


*  The  mover  and  seconder,  if  they  do  not  speak  to 
the  question,  at  the  time  when  the  motion  is  made 
and  seconded,  have  the  same  right  with  other  mem- 
bers to  address  the  assembly. 


TIME  OF  SPEAKING.  127 

former ;  and,  so,  members,  who  have 
spoken  on  the  principal  or  main  question, 
may  speak  again  on  all  the  subsidiary  or 
incidental  questions  arising  in  the  course 
of  the  debate. 

217.  The  rule,  as  to  speaking  but  once 
on  a  question,  if   strictly  enforced,  will 
prevent  a  member  from  speaking  a  second 
time  without  the  general  consent  of  the 
assembly,  so  long  as  there  is  any  other 
member  who   himself  desires  to   speak  ; 
but,  when  all  who  desire  to  speak  have 
spoken,  a  member  may  speak   a  second 
time  by  leave  of  the  assembly. 

218.  A  member  may  also  be  permitted 
to  speak  a  second  time,  in  the  same  de- 
bate, iii  order  to  clear  a  matter  of  fact ; 
or  merely  to  explain  himself  in  some  ma- 
terial part  of  his  speech  ;  or  to  the  orders 
of  the  assembly,  if  they  be  transgressed 
(although  no  question  may  be  made),  but 
carefully  keeping  within  that  line  and  not 
falling  into  the  matter  itself. 

219.  It   is   sometimes   supposed,  that, 
because  a  member  has  a  right  to  explain 
himself,  he  therefore  has  a  right  to  inter- 


128  PARLIAMENTARY   PRACTICE. 

rupt  another  member  whilst  speaking,  in 
order  to  make  the  explanation :  but  this 
is  a  mistake  ;  he  should  wait  until  the 
member  speaking  has  finished  ;  and  if  a 
member,  on  being  requested,  yields  the 
floor  for  an  explanation,  he  relinquishes 
it  altogether. 

Sect.  IV.    As  to  Stopping  Debate. 

220.  The  only  mode  in  use,  in  this 
country,  until  recently,  for  the  purpose  of 
putting  an  end  to  an  unprofitable  or  tire- 
some debate,  was  by  moving  the  previous 
question;  the  effect  of  which  motion  as 
already  explained,  if  decided  in  the  affir- 
mative, is  to  require  the  main  or  principal 
question  to  be  immediately  taken.  When 
this  question  is  moved,  therefore,  it  nec- 
essarily suspends  all  further  consideration 
of  the  main  question,  and  precludes  all 
further  debate  or  amendment  of  it; 
though,  as  has  been  seen,  it  stands  in  the 
same  degree  with  postponement,  amend- 
ment, and  commitment ;  and,  unless  in 
virtue  of  a  special  rule,  cannot  be  moved 
while  either  of  these  motions  is  pending. 


STOPPING  DEBATE.  129 

221.  The  other  mode  of  putting  an  end 
to  debate,  which  has  recently  been  intro- 
duced into   use,  is  for   the   assembly  to 
adopt  before-hand  a  special  order  in  ref- 
erence to  a  particular  subject,  that,  at  such 
a  time  specified,  all  debate   upon  it  shall 
cease,  and  all  motions  or  questions  pend- 
ing in  relation  to  it  shall  be  decided. 

222.  Another    rule,  which    has   lately 
been  introduced  for  the  purpose  of  short- 
ening rather  than  stopping  debate,  is,  that 
no  member  shall  be  permitted  to  speak 
more  than  a  certain  specified  time  on  any 
question ;  so  that,  when  the  time  allotted 
has    expired,    the     presiding    officer   an- 
nounces the  fact,  and  the  member  speak- 
ing resumes  his  seat. 

[A  few  years  since,  a  rule  was  adopted, 
by  the  British  House  of  Commons 
(termed  "  Closure)",  that  debate  may  be 
closed  at  any  time  by  a  majority  vote,  if 
the  discussion  leads  to  disorder  in  the 
House,  or  hinders  its  business.  When 
debate  is  so  closed  the  question  may  be 
immediately  decided  by  the  House.  The 
U.  S.  Congress  has  recently  adopted 


130  PARLIAMENTARY   PRACTICE. 

measures  which  insure  prompt  action 
upon  a  motion,  after  reasonable  debate. 
A  motion  to  limit  speakers,  as  to  time,  in 
debate  must  be  seconded  and  a  vote  taken 
without  debate. 

In  societies  and  most  deliberative  as- 
semblies it  is  in  the  interests  of  harmony 
to  require  a  two- thirds  vote  to  cut  off  de- 
bate, but  in  Congress,  where  by  a  general 
rule,  speakers  are  entitled  to  the  floor  for 
an  hour,  a  motion  to  cut  off  debate  pre- 
vails by  the  vote  of  a  bare  majority.] 

Sect.  V.    As  to  Decorum  in  Debate. 

223.  Every  member  having  the  right  to 
be  heard,  every  other  member  is  bound  to 
conduct  himself  in  such  a  manner,  that 
this  right  may  be  effectual.  Hence,  it  is 
a  rule  of  order,  as  well  as  of  decency,  that 
no  member  is  to  disturb  another  in  his 
speech  by  hissing,  coughing,  spitting;  by 
speaking,  or  whispering;  by  passing  be- 
tween the  presiding  officer  and  the  mem- 
ber speaking  ;  by  going  across  the  assem- 
bly-room, or  walking  up  and  down  in  it ; 
or  by  any  other  disorderly  deportment, 


DECOKUM  IN  DEBATE.  131 

which   tends  to  disturb  or  disconcert  a 
member  who  is  speaking. 

224.  But,  if  a  member  speaking  finds, 
that  he  is  not  regarded  with  that  respect- 
ful attention,  which   his  equal  right  de- 
mands,— that  it  is  not  the  inclination  of 
the  assembly   to  hear  him, — and  that  by 
conversation  or  any  other  noise  they  en- 
deavor to  droTvn  his  voice, — it  is  his  most 
prudent  course  to  submit   himself  to  the 
pleasure  of  the  assembly,  and  to  sit  down ; 
for   it    scarcely  ever   happens,   that   the 
members  of    an   assembly   are   guilty  of 
this  piece  of  ill   manners,  without  some 
excuse  or  provocation,  or  that  they  are  so 
wholly  inattentive  to  one,  who  says  any- 
thing worth  their  hearing. 

225.  It  is  the  duty  of  the  presiding  offi- 
cer, in  such  a  case,  to  endeavor  to  reduce 
the  assembly  to  order  and  decorum  ;  but, 
if  his  repeated  calls  to  order,  and  his  ap- 
peals to  the  good  sense  and  decency  of 
the  members,  prove  ineffectual,  it  then  be- 
comes his  duty  to  call  by  name  any  mem- 
ber who  obstinately  persists  in  irregular- 
ity ;  whereupon  the  assembly  may  require 


132  PARLIAMENTARY  PRACTICE. 

such  member  to  withdraw  ;  who  is  then 
to  be  heard,  if  he  desires  it,  in  exculpa- 
tion, and  to  withdraw  ;  then  the  presiding 
officer  states  the  offence  committed,  and 
the  assembly  considers  of  the  kind  and  de- 
gree of  punishment  to  be  inflicted. 

226.  If,  on  repeated  trials,  the  presid- 
ing officer  finds  that  the  assembly  will  not 
support  him  in  the  exercise  of  his  author- 
ity, he  will  then  be  justified,  but  not  till 
then,  in  permitting,  without  censure,  every 
kind  of  disorder. 

Sect.  VI.— As  to  Disorderly  Words. 

227.  If  a  member,  in  speaking,  makes 
use  of  language,  which  is  personally  offen- 
sive to  another,  or  insulting  to  the  assem- 
bly,   and   the   member    offended,   or  any 
other,  thinks  proper  to  complain  of  it  to 
the  assembly,  the  course  of  proceeding  is 
as  follows  : 

228.  The  member  speaking  is  immedi- 
ately  interrupted   in   the   course  of    his 
speech,  by  another  or  several   members 
rising    and   calling   to   order;    and,    the 
member,  who  objects  or  complains  of  the 


DISORDERLY  WORDS.  133 

words,  is  then  called  upon  by  the  presid- 
ing officer  to  state  the  words  which  he 
complains  of,  repeating  them  exactly  as 
he  conceives  them  to  have  been  spoken, 
in  order  that  they  may  be  reduced  to 
writing  by  the  clerk ;  or  the  member  com- 
plaining, without  being  so  called  upon, 
may  proceed  at  once  to  state  the  words 
either  verbally  or  in  writing,  and  desire 
that  the  clerk  may  take  them  down  at  the 
table.  The  presiding  officer  may  then  di- 
rect the  clerk  to  take  them  down ;  but  if 
he  sees  the  objection  to  be  a  trivial  one, 
and  thinks  there  is  no  foundation  for  their 
being  thought  disorderly,  he  will  pru- 
dently delay  giving  any  such  directions, 
in  order  not  unnecessarily  to  interrupt 
the  proceedings  ;  though  if  the  members 
generally  see'm  to  be  in  favor  of  having 
the  words  taken  down,  by  calling  out  to 
that  effect,  or  by  a  vote,  which  the  assem- 
bly may  doubtless  pass,  the  presiding 
officer  should  certainly  order  the  clerk  to 
take  them  down,  in  the  form  and  manner 
in  which  they  are  stated  by  the  member 
who  objects. 


134:  PARLIAMENT AKY  PEACTICE. 

229.  The  words  objected  to  being  thus 
written  down,  and  forming  a  part  of  the 
minutes  in  the  clerk's  book,  they  are  next 
to  be  read  to  the  member  who  was  speak- 
ing, who   may  deny   that   those   are  the 
words  which  he  spoke,  in  which  case  the 
assembly    must    decide    by   a   question, 
whether  they  are  the  words  or  not.*     If 
he   does   not  deny  that  he  spoke  those 
words,  or  when  the  assembly  has  itself 
determined  what  the  words  are,  then  the 
member  may  either  justify  them,  or  ex- 
plain the   sense  in  which  he  used  them, 
so  as  to  remove  the  objection  of  their 
being   disorderly ;   or   he   may  make   an 
apology  for  them. 

230.  If    the   justification,   or   explana- 
tion, or  apology,  of  the  member,  is  thought 
sufficient  by  the  assembly,  no  further  pro- 
ceeding is  necessary;  the  member  may  re- 
sume  and   go   on   with   his   speech,   the 
assembly  being   presumed,   unless   some 
further  motion  is  made,  to  be  satisfied; 


*  The  words,  as  written  down,  may  be  amended,  so 
as  to  conform  to  what  the  assembly  thinks  to  be  the 
truth. 


DISORDERLY  WORDS,  135 

but  if  any  two  members  (one  to  make  and 
the  other  to  second  the  motion)  think  it 
necessary  to  state  a  question,  so  as  to 
take  the  sense  of  the  assembly  upon  the 
words,  and  whether  the  member  in  using 
them  has  been  guilty  of  any  offence  to- 
wards the  assembly,  the  member  must' 
withdraw  before  that  question  is  stated; 
and  then  the  sense  of  the  assembly  must 
be  taken,  and  such  further  proceedings 
had  in  relation  to  punishing  the  member, 
as  may  be  thought  necessary  and  proper. 
231.  The  above  is  the  course  of  pro- 
ceeding established  by  the  writers  of 
greatest  authority,  *  and  ought  invariably 
to  be  pursued ;  it  might,  however,  be  im- 
proved, by  the  member  who  objects  to 
words  writing  them  down  at  once,  and 
thereupon  moving  that  they  be  made  a 
part  of  the  minutes ;  by  which  means,  the 
presiding  officer  would  be  relieved  from 
the  responsibility  of  determining,  in  the 
first  instance,  upon  the  character  of  the 
words. 

*  Mr.  Hatsell,  in  England,  and  Mr.  Jefferson,  in  this 
country. 


136  PAELIAMENTAKY   PKACTICE. 

232.  If  offensive  words  are  not  taken  no- 
tice of  at  the  time  they  are  spoken,t  but  the 
member  is  allowed  to  finish  his  speech,  and 
then  any  other  person  speaks,  or  any  otlier 
matter  of  business  intervenes,  before 
notice  is  taken  of  the  words  which  gave 
offence,  the  words  are  not  to  be  written 
down,  or  the  member  using  them  cen- 
sured. This  rule  is  established  for  the 
common  security  of  all  the  members;  and 
to  prevent  the  mistakes  which  must  nec- 
essarily happen  if  words  complained  of 
are  not  immediately  reduced  to  writing. 


CHAPTER  XIII. 
Of  the  Question. 

233,  When  any  proposition  is  made  to 
a  deliberative  assembly,  it  is  called  a  mo- 
tion ;  when  it  is  stated  or  propounded  to 


f  Mr.  Jefferson  (§  17)  lays  it  down,  that  "disor- 
derly words  are  not  to  be  noticed  till  the  member  has 
finished  his  speech."  But  in  this  he  is  contradicted 
by  Hatsell,  as  well  as  by  the  general  practice  of  legis- 
lative bodies. 


OF  THE  QUESTION.  137 

the  assembly,  for  their  acceptance  or  re- 
jection, it  is  denominated  a  question ;  and, 
when  adopted,  it  becomes  the  order,  reso- 
lution, or  vote,  of  the  assembly. 

234.  All  the  proceedings  which   have 
thus  far  been  considered,  have  only  had 
for  their  object  to  bring  a  proposition  into 
a  form  to  be  put  to  the  question ;  that  is, 
to  be  adopted  as  the  sense,  will  or  judg- 
ment of  the  assembly,  or  to  be  rejected; 
according  as   such    proposition  may  be 
found  to  unite  in  its  favor,  or  to  fail  of 
uniting,  a  majority  of  the  members. 

235.  When   any   proposition,   whether 
principal,  subsidiary,  or  incidental,  or  of 
whatever  nature  it  may  be,  is  made,  sec- 
onded, and  stated,  if  no  alteration  is  pro- 
posed,— or  if  it  admits  of  none,  or  if  it  is 
amended, — and  the  debate  upon  it,  if  any, 
appears  to  be  brought  to  a  close,  the  pre- 
siding officer  then  inquires,  whether  the 
assembly  is  ready  for  the  question,   and, 
if  no  person  rises,  the  question  is  then 
stated,   and   the   votes   of   the   assembly 
taken  upon  it. 

236.  The  question  is  not  always  stated 


13B  PARLIAMENTARY   PRACTICE. 

to  the  assembly,  in  the  precise  form  in 
which  it  arises  or  is  introduced  ;  thus,  for 
example,  when  a  member  presents  a  peti- 
tion, or  the  chairman  of  a  committee 
offers  a  report,  the  question  which  arises, 
if  no  motion  is  made,  is,  Shall  the  petition 
or  tlie  report  be  received  ?  and,  so,  when  the 
previous  question  is  moved,  it  is  stated  in 
this  form,  Shall  the  main  question  be  now 
put?— the  question  being  stated,  in  all 
cases,  in  the  form  in  which  it  will  ap- 
pear on  the  journal,  if  it  passes  in  the 
affirmative. 

237.  In  matters  of  trifling  importance, 
or  which  are  generally  of  course,  such  as 
receiving  petitions  and  reports,  withdraw- 
ing motions,  reading  papers,  &c.,  the  pre- 
siding officer  most  commonly  supposes  or 
takes  for  granted  the  consent  of  the  as- 
sembly, where  no  objection  is  expressed, 
and  does  not  go  through  the  formality  of 
taking  the  question  by  a  vote.  But  if, 
after  a  vote  has  been  taken  in  this 
informal  way  and  declared,  any  member 
rises  to  object,  the  presiding  officer  should 
consider  everything  that  has  passed  as 


OF   THE   QUESTION.  139 

nothing,  and,  at  once,  go  back  and  pursue 
the  regular  course  of  proceeding.  Thus, 
if  a-petition  is  received,  without  a  ques- 
tion, and  the  clerk  is  proceeding  to  read 
it,  in  the  usual  order  of  business,  if  any 
one  rises  to  object,  it  will  be  the  safest 
and  most  proper  course,  for  the  presiding 
officer  to  require  a  motion  for  receiving  it 
to  be  regularly  made  and  seconded. 

238.  The  question  being  stated  by  the 
presiding  officer,  he  first  puts  it  in  the 
affirmative,  namely :  As  many  as  are  of 
opinion  that — repeating  the  words  of  the 
question, — say  aye;  and,  immediately,  all 
the  members  who  are  of  that  opinion  an- 
swer aye ;  the  presiding  officer  then  puts 
the  question  negatively :  As  many  a<?  are 
of  a  different  opinion,  say  no ;  and,  there- 
upon, all  the  members  who  are  of  that 
opinion  answer  no.  The  presiding  officer 
judges  by  his  ear  which  side  has  "  the 
more  voices,"  and  decides  accordingly, 
that  the  ayes  have  it,  or  tJie  noes  have  it, 
as  the  case  may  be.  If  the  presiding 
officer  is  doubtful  as  to  the  majority 
of  voices,  he  may  put  the  question  a 


140  PARLIAMENTARY   PRACTICE. 

second  time,  and  if  he  is  still  unable  to 
decide,  or,  if,  having  decided  according 
to  his  judgment,  any  member  rises  and 
declares  that  he  believes  the  ayes  or  the  noes 
(whichever  it  may  be)  have  it,  contrary  to 
the  declaration  of  the  presiding  officer,* 
then  the  presiding  officer  directs  the 
assembly  to  divide,  in  order  that  the 
members  on  the  one  side  and  the  other 
may  be  counted. 

239.  If,     however,    any    new     motion 
should  be  made,  after  the  presiding  offi- 
cer's declaration,   or,  if  a  member,  who 
was  not  in  the  assembly-room  when  the 
question  was  taken,   should  come  in,  it 
will  then  be  too  late   to    contradict  the 
presiding  officer,  and  have  the  assembly 
divided. 

240.  The  above   is  the  parliamentary 
form  of  taking  a  question,  and  is  in  gen- 
eral use  in  this  country ;  but,  in  some  of 
our  legislative  assemblies,  and  especially 
in   those  of  the  New  England  States,  the 
suffrages  are  given  by  the  members  hold- 

*  The  most  common  expression  is  :    "I  doubt  the 
vote,"  or,  "that  vote  is  doubted." 


OF  THE  QUESTION.  141 

ing  up  their  right  hands,  first,  those  in 
the  affirmative,  and  then  those  in  the 
negative,  of  the  question.  If  the  presid- 
ing officer  can  not  determine,  by  the  show 
of  hands,  which  side  has  the  majority, 
he  may  call  upon  the  members  to  vote 
again,  and  if  he  is  still  in  doubt,  or  if  his 
declaration  is  questioned,  a  division  takes 
place.  When  the  question  is  taken  in 
this  manner,  the  presiding  officer  directs 
the  members,  first  on  the  affirmative  side, 
and  then  on  the  negative,  to  manifest 
their  opinion  by  holding  up  the  right 
hand. 

241.  When  a  division  of  the  assembly 
takes  place,  the  presiding  officer  some- 
times directs  the  members  to  range  them- 
selves on  different  sides  of  the  assembly- 
room,  and  either  counts  them  himself,  or 
they  are  counted  by  tellers  appointed  by 
him  for  the  purpose,  or  by  monitors  per- 
manently appointed  for  that  and  other 
purposes ;  or  the  members  rise  in  their 
seats,  first  on  the  affirmative  and  then  on 
the  negative,  and  (standing  uncovered) 
are  counted  in  the  same  manner.  When 


142  PABLIAMENTAKY  PKACTICE. 

the  members  are  counted  by  the  presid- 
ing officer,  he  announces  the  numbers 
and  declares  the  result.  When  they  are 
counted  by  tellers  or  monitors,  the  tellers 
must  first  agree  among  themselves,  and 
then  the  one  who  has  told  for  the  major- 
ity reports  the  numbers  to  the  presiding 
officer,  who,  thereupon,  declares  the 
result. 

242.  The  best  mode  of  dividing  an  as- 
sembly, that  is  at  all  numerous,  is  for  the 
presiding  officer  to  appoint  tellers  for  each 
division  or  section  of  the  assembly-room, 
and  then  to  require  the  members,  first 
those  in  the  affirmative,  and  then  those  in 
the  negative,  to  rise,  stand  uncovered,  and 
be  counted ;  this  being  done,  on  each  side, 
the  tellers  of  the  several  divisions  make 
their  returns,  and  the  presiding  officer  de- 
clares the  result. 

243.  If  the  members  are  equally  divided, 
the  presiding  officer  may,  if  he  pleases, 
give  the  casting  vote ;  or,  if  he  chooses,  he 
may  refrain  from  voting,  in  which  case, 
the  motion  does  not  prevail,  and  the  decis- 
ion is  in  the  negative. 


OF  THE  QUESTION.  143 

.  It  is  a  general  rule,  that  every 
member,  who  is  in  the  assembly-room  at 
the  time  when  the  question  is  stated,  has 
not  only  the  right  but  is  bound  to  vote; 
and,  on  the  other  hand,  that  no  member 
can  vote,  who  was  not  in  the  room  at  that 
time. 

245.  The  only  other  form  of  taking  the 
question,  which  requires  to  be  described, 
is  one  in  general  use  in  this  country,  by 
means  of  which  the  names  of  the  members 
voting  on  the  one  side  and  on  the  other  are 
ascertained  and  entered  in  the  journal  of 
the  assembly.  This  mode,  which  is  pecul- 
iar to  the  legislative  bodies  of  the  United 
States,  is  called  taking  the  question  by 
yeas  and  nays.  In  order  to  take  a  ques- 
tion in  this  manner,  it  is  stated  on  both 
sides  at  once,  namely  :  As  many  as  are  of 
opinion,  that,  etc.,  will,  wlien  their  names  are 
called,  answer  yes;  and,  As  many  as  are  of 
a  different  opinion  ivill,  ivhen  their  names  are 
called,  answer  no;  the  roll  of  the  assembly 
is  then  called  over  by  the  clerk,  and  each 
member,  as  his  name  is  called,  rises  in 
his  place,  and  answers  yes  or  no,  and  the 


144  PAKLIAMENTABY  PRACTICE. 

clerk  notes  the  answer  as  the  roll  is 
called.  When  the  roll  has  been  gone 
through  the  clerk  reads  over  first  the 
names  of  those  who  have  answered  in  the 
affirmative  and  then  the  names  of  those 
who  have  answered  in  the  negative,  in 
order  that  if  he  has  made  any  mistake  in 
noting  the  answer,  or  if  any  member  has 
made  a  mistake  in  his  answer,  the  mistake 
of  either  may  be  corrected.  The  names 
having  been  thus  read  over,  and  the  mis- 
takes, if  any,  corrected,  the  clerk  counts 
the  numbers  on  each  side,  and  reports 
them  to  the  presiding  officer,  who  declares 
the  result  to  the  assembly. 

246.  The  following  is  the  mode  prac- 
tised in  the  house  of  representatives  of 
Massachusetts  (which  is  by  far  the  most 
numerous  of  all  the  legislative  bodies  in 
this  country),  of  taking  a  question  by  yeas 
and  nays.  The  names  of  the  members 
being  printed  on  a  sheet,  the  clerk  calls 
them  in  their  order;  and  as  each  one 
answers,  the  clerk  (responding  to  the 
member,  at  the  same  time)  places  a  figure 
in  pencil,  expressing  the  number  of  the 


TO  THE  QUESTION.  145 

answer,  at  the  left  or  right  of  the  name, 
according  as  the  answer  is  yes  or  no;  so 
that  the  last  figure  or  number,  on  each 
side,  shows  the  number  of  the  answers  on 
that  side ;  and  the  two  last  numbers  or 
figures  represent  the  respective  numbers 
of  the  affirmatives  and  negatives  on  the 
division.  Thus,  at  the  left  hand  of  the 
name  of  the  member  who  first  answers, 
yes,  the  clerk  places  a  figure  1 ;  at  the 
right  hand  of  the  first  member  who  an- 
swers no,  he  also  places  a  figure  1 ;  the 
second  member  that  answers  yes  is  marked 
2;  and  so  on  to  the  end  of  the  list;  the 
side  of  the  name,  on  which  the  figure  is 
placed,  denoting  whether  the  answer  is 
yes  or  no,  and  the  figure  denoting  the  num- 
ber of  the  answer  on  that  side.  The 
affirmatives  and  negatives  are  then  read 
separately,  if  necessary,  though  this  is 
usually  omitted,  and  the  clerk  is  then  pre- 
pared, by  means  of  the  last  figure  on  each 
side,  to  give  the  numbers  to  the  speaker 
to  be  announced  to  the  house.  The  names 
and  answers  are  afterwards  recorded  on 
the  journal. 


146  PAKLIAMENTAKY  PEACTICE. 

247.  In  any  of  the  modes  taking  a 
question,  in  which  it  is  first  put  on  one 
side,  and  then  on  the  other,  it  is  no  full 
question,  until  the  negative  as  well  as  the 
affirmative  has  been  put.  Consequently, 
until  the  negative  has  been  put,  it  is  in 
order  for  any  member,  in  the  same  man- 
ner as  if  the  division  had  not  commenced, 
to  rise  and  speak,  make  motions  for 
amendment,  or  otherwise,  and  thus  renew 
the  debate  ;  and  this,  whether  such  mem- 
ber was  in  the  assembly-room  or  not  when 
the  question  was  put  and  partly  taken. 
In  such  a  case,  the  question  must  be  put 
over  again  on  the  affirmative  as  well  as 
the  negative  side ;  for  the  reason  that 
members  who  were  not  in  the  assembly- 
room,  when  the  question  was  first  put, 
may  have  since  come  in,  and  also  that 
some  of  those  who  voted,  may  have 
since  changed  their  minds.  When  a  ques- 
tion is  taken  by  yeas  and  nays,  and  the 
negative  as  well  as  the  affirmative  of  the 
question  is  stated,  and  the  voting  on  each 
side  begins  and  proceeds  at  the  same  time, 
the  question  can  not  be  opened  and  the 


OF  THE  QUESTION.  147 

debate   renewed,    after    the    voting    has 
commenced. 

248.  If  any  question  arises,  in  a  point 
of  order,  as,  for  example,  as  to  the  right 
or  the  duty  of  a  member  to  vote,  during 
a  division,  the  presiding  officer  must  de- 
cide it  peremptorily,  subject  to  the  revis- 
ion and  correction  of  the  assembly,  after 
the  division  is  over.     In  a  case  of    this 
kind,  there  can  be  no  debate,  though  the 
presiding  officer  may  if  he  pleases  receive 
the  assistance  of  members  with  their  ad- 
vice, which  they  are  to  give  sitting,  in  or- 
der to  avoid  even  the  appearance  of  a  de- 
bate ;  but  this  can  only  be  with  the  leave 
of  the  presiding  officer,   as  otherwise  the 
division  might  be  prolonged  to  an  incon- 
venient length  ;  nor  can  any  question  be 
taken,  for  otherwise  there  might  be  divis- 
ion upon  division  without  end. 

249.  When,  from  counting  the  assembly 
on  a  division,  it  appears  that  there  is  not 
a  quorum  present,  there  is  no  decision  ; 
but  the  matter  in  question  continues  in 
the  same  state,  in  which  it  was  before  the 
division  ;  and,  when  afterwards  resumed, 


148  PAKLIAMENTAKY  PKACTICE. 

whether  on  the  same  or  on  some  future 
day,  it  must  be  taken  up  at  that  precise 
point. 


CHAPTEE  XIV. 
Of  Reconsideration. 

250.  It  is  a  principle  of  parliamentary 
law,  upon  which  many  of  the  rules  and 
proceedings  previously  stated  are  founded, 
that  when  a  question  has  been  once  put 
to  a  deliberative  assembly,  and   decided, 
whether  in  the    affirmative  or    negative, 
that  decision  is  the  judgment  of  the  as- 
sembly, and  can  not  be  again  brought  into 
question. 

251.  This  principle  holds  equally,  al- 
though the  question  proposed  is  not  the 
identical  question  which  has  already  been 
decided,  but  only  its  equivalent  ;  as,  for 
example,  where  the  negative  of  one  ques- 
tion  amounts   to   the   affirmative  of   the 
other,    and   leaves  no   other    alternative, 
these  questions  are  the  equivalents  of  one 
another,  and  a  decision  of  the  one  neces- 
sarily concludes  the  other. 


RECONSIDERATION.  149 

252.  A  common  application  of  the  rule 
as  to  equivalent  questions  occurs  in  the 
case  of  an  amendment  proposed  by  strik- 
ing out  words  ;  in  which  it  is  the  invari- 
able practice  to  consider  the  negative  of 
striking  out  as  equivalent  to  the  affirma- 
tive of  agreeing  ;  so  that  to  put  a  question 
on  agreeing,  after  a  question  011  striking 
out  is  negatived,  would  be,  in  effect,    to 
put  the  same  question  twice  over. 

253.  The   principle  above  stated   does 
not  apply  so  as  to  prevent   putting  the 
same  question  in  the   different  stages  of 
any  proceeding,  as,  for  example,  in  legis- 
lative bodies,  the  different  stages  of  a  bill ; 
so,  in  considering  reports   of  committees, 
questions  already  taken  and  decided,  be- 
fore  the    subject   was   referred,    may  be 
again  proposed ;  and,  in  like  manner,  or- 
ders of  the  assembly,  and  instructions  or 
references    to    committees,    may  be  dis- 
charged or  rescinded. 

254.  The   inconvenience  of    this    rule, 
which  is  still  maintained  in  all  its  strict- 
ness  in  the   British  parliament  (though 
divers  expedients  are  there  resorted  to,  to 


150         PARLIAMENT  ART  PRACTICE. 

counteract  or  evade  it),  has  led  to  the  in- 
troduction into  the  parliamentary  practice 
of  this  country  of  the  motion  for  reconsider- 
ation ;  which,  while  it  recognizes  and  up- 
holds the  rule  in  all  its  ancient  strictness, 
yet  allows  a  deliberative  assembly,  for 
sufficient  reasons,  to  relieve  itself  from 
the  embarrassment  and  inconvenience, 
which  would  occasionally  result  from  a 
strict  enforcement  of  the  rule  in  a  partic- 
ular case. 

255.  It  has  now  come   to  be  a  common 
practice  in  all  our  deliberative  assemblies, 
and  may  consequently  be  considered  as  a 
principle  of  the  common    parliamentary 
law  of  this  country,  to  reconsider  a  vote 
already  passed,  whether  affirmatively  or 
negatively. 

256.  For  this  purpose,  amotionis  made 
and  seconded,  in  the  usual  manner,  that 
such  a  vote  be  reconsidered  ;  and,  if  this 
motion  prevails,  the  matter  stands  before 
the  assembly  in  precisely  the  same  state 
and  condition,  and  tliQ  same  questions  are 
to  be  put  in  relation  to  it,  as  if  the  vote 
reconsidered     had    never    been    passed. 


RECONSIDERATION.  151 

Thus,  if  an  amendment,  by  inserting 
words  is  moved  and  rejected,  the  same 
amendment  cannot  be  moved  again  ;  but, 
the  assembly  may  reconsider  the  vote  by 
which  it  was  rejected,  and  then  the  ques- 
tion will  recur  on  the  amendment,  pre- 
cisely as  if  the  former  vote  had  never 
been  passed. 

257.  It  is  usual  in  legislative  bodies,  to 
regulate  by  a  special  rule  the  time,manner, 
and  by  whom,  a  motion  to  reconsider  may 
be  made  ;  thus,  for  example,  that  it  shall 
be  made  only  on  the  same  or  succeeding 
day, — by  a  member  who  voted  with  the 
majority, — or  at  a  time  when  there  are  as 
many  members  present  as  there  were 
when  the  vote  was  passed ;  but,  where 
there  is  no  special  rule  on  the  subject,  a 
motion  to  reconsider  must  be  considered 
in  the  same  light  as  any  other  motion, 
and  as  subject  to  no  other  rules. 


152  PARLIAMENTARY    PRACTICE. 

CHAPTEE  XV. 

OF    COMMITTEES. 

Sect  I.    Their  Nature  and  Functions. 

258.  It   is    usual    in    all    deliberative 
assemblies,  to  take  the  preliminary  (some- 
times, also,  the  intermediate)  measures, 
and  to  prepare  matters  to  be  acted  upon, 
in  the  assembly,  by  means  of  committees, 
composed  either   of    members    specially 
selected   for   the   particular  occasion,  or 
appointed  beforehand  for  all  matters  of 
the  same  nature. 

259.  Committees  of   the  first  kind  are 
usually  called  select,  the  others  standing ; 
though   the   former   appellation    belongs 
with  equal  propriety  to  both,  in  order  to 
distinguish    them   from    another  form  of 
committee,  constituted  either  for  a  par- 
ticular occasion,  or  for  all  cases  of  a  cer- 
tain kind,  which  is  composed  of  all  the 
members  of  the  assembly,  and  therefore 
denominated  a  committee  of  the  whole. 


COMMITTEES.  153 

260.  The  advantages  of  proceeding  in 
this  mode  are  manifold.     It  enables  a  de- 
liberative assembly  to   do  many  things, 
which,  from  its  members,  it  would  other- 
wise be  unable  to  do ; — to  accomplish  a 
much  greater  quantity  of  business,  by  di- 
viding it  among  the  members,  than  could 
possibly  be   accomplished,  if  the  whole 
body  were  obliged  to  devote  itself  to  each 
particular  subject ; — and  to  act  in  the  pre- 
liminary and   preparatory   steps,  with  a 
greater  degree  of  freedom,  than  is  com- 
patible with  the  forms  of  proceeding  usu- 
ally observed  in  full  assembly. 

261.  Committees  are  appointed  to  con- 
sider a  particular  subject,  either  at  large 
or  under  special  instructions:  to  obtain 
information  in  reference  to  a  matter  be- 
fore the  assembly,  either  by  personal  in- 
quiry and  inspection,  or  by  the  examina- 
tion of  witnesses ;  and  to  digest  and  put 
into  the  proper  form,  for  the  adoption  of 
the  assembly,  all   resolutions,  votes,   or- 
ders, and  other  papers,  with  which  they 
may  be   charged.     Committees  are  com- 
monly said  to  be  the  "eyes  and  ears"  of 


154  PARLIAMENTARY  PRACTICE. 

the  assembly ;  it  is  equally  true,  that,  for 
certain  purposes,  they  are  also  its  "head 
and  hands." 

262.  The  powers  and  functions  of  com- 
mittees depend  chiefly  upon  the  general 
authority  and  particular  instructions  given 
them  by  the  assembly,  at  the  time  of  their 
appointment;  but  they  may  also  be,  and 
very  often  are,  further   instructed,  whilst 
they  are  in  the  exercise  of  their  functions ; 
and,   sometimes,   it   even    happens,  that 
these      additional      instructions     wholly 
change  the   nature   of   a   committee,    by 
charging,  it  with  inquiries  quite  different 
from    those   for  which  it  was   originally 
established. 

Sect.  II.    Their  Appointment. 

263.  In  the  manner  of  appointing  com- 
mittees, there  is   no   difference   between 
standing  and  other  select  committees,  as 
to  the  mode  of  selecting   the  members  to 
compose  them  ;  and,  in  reference  to  com- 
mittees of  the  whole,  as  there  is  no  selec- 
tion of  members,  they  are  appointed  sim- 
ply by  the  order  of  the  assembly. 


APPOINTMENT   OF   COMMITTEES.  155 

264.  In  the  appointment  of  select  com- 
mittees, the  first  thing  to  be  done  is  to  fix 
upon  the    number.     This   is   usually  ef- 
fected in  the  same  manner  that  blanks  are 
filled,   namely,   by   members    proposing, 
without  the   formality  of  a  motion,  such 
numbers  as  they  please,  which  are    then 
separately  put  to  the  question,  beginning 
with    the    largest    and    going   regularly 
through  to  the  smallest,  until  the  assem- 
bly comes  to  a  vote. 

265.  The   number  being  settled,  there 
are  three  modes  of  selecting  the  members, 
to  wit,  by  the  appointment  of  the  presid- 
ing officer, — by  ballot, — and  by   nomina- 
tion and  vote  of  the  assembly  ;  the  first, 
sometimes   in  virtue  of  a    standing   rule, 
sometimes  in  pursuance  of  a  vote  of   the 
assembly  in  a  particular  case ;  the  second 
always  in  pursuance  of  a  vote  ;  the  last  is 
the  usual  course  where  no  vote  is  taken. 

266.  In  deliberative  assemblies,  whose 
sittings  are  of  considerable  length,  as  leg- 
islative bodies,  it  is  usual  to  provide  by  a 
standing  rule,  that,  unless   otherwise  or- 
dered in  a  particular  case,  all  committees 


156  PARLIAMENTARY   PRACTICE, 

shall  be  named  by  the  presiding  officer. 
Where  this  is  the  case,  whenever  a  com- 
mittee is  ordered,  and  the  number  settled, 
the  presiding  officer  at  once  names  the 
members  to  compose  it.  Sometimes,  also, 
the  rule  fixes  the  number,  of  which,  un- 
less otherwise  ordered,  committees  shall 
consist.  This  mode  of  appointing  a  com- 
mittee is  frequently  resorted  to,  where 
there  is  no  rule  on  the  subject. 

267.  When  a  committee   is  ordered  to 
be  appointed  by  ballot,  the  members  are 
chosen  by  the  assembly,  either  singly  or 
all   together,  as   may   be  ordered,  in  the 
same  manner  that    other    elections    are 
made  ;  and,  in  such  elections,  as  in  other 
cases  of  the  election  of  the  officers  of   the 
assembly,  a  majority  of  all  the  votes  given 
in  is  necessary  to  a  choice. 

268.  When  a   committee  is  directed  to 
be  appointed  by  nomination  and  vote,  the 
names  of  the  members  proposed  are  put 
to  the  question  singly,   and   approved  or 
rejected  by  the  assembly,  by  a  vote  taken 
in  the  usual  manner.     If  the  nomination 
is  directed  to  be  made  by  the  presiding 


APPOINTMENT   OF   COMMITTEES.  157 

officer,  he  may  propose  the  names  in  the 
same  manner,  or  all  at  once ;  the  former 
mode  being  the  most  direct  and  simple ; 
the  latter  enabling  the  assembly  to  vote 
more  understandingly  upon  the  several 
names  proposed.  When  the  nomination 
is  directed  to  be  made  at  large,  the  pre- 
siding officer  calls  upon  the  assembly  to 
nominate,  and  names  being  mentioned  ac- 
cordingly, he  puts  to  vote  the  first  name 
he  hears. 

269.  It  is  also  a  compendious  mode  of 
appointing   a    committee,  to   revive   one 
which  has  already  discharged  itself  by  a 
report ;   or  by  charging  a   committee  ap- 
pointed for  one  purpose  with  some  addi- 
tional  duty,  of  the  same   or   a   different 
character. 

270.  In   regard  to  the  appointment  of 
committees,  so  far  as  the  selection  of  the 
members  is  concerned,  it  is  a  general  rule 
in  legislative  bodies,  when  a  bill  is  to  be 
referred,    that   none    who  speak  directly 
against  the  body  of  it   are  to  be  of   the 
committee,  for  the   reason,  that   he  who 
would  totally  destroy  will  not  amend  ;  but, 


158  PARLIAMENTARY  PRACTICE. 

that,  for  the  opposite  reason,  those  who 
only  take  exceptions  to  some  particulars 
in  the  bill  are  to  be  of  the  committee.  This 
rule  supposes  the  purpose  of  the  commit- 
ment to  be,  not  the  consideration  of  the 
general  merits  of  the  bill,  but  the  amend- 
ment of  it  in  its  particular  provisions,  so 
as  to  make  it  acceptable  to  the  assembly. 

271.  This  rule,  of  course,  is  only  for  the 
guidance  of  the  presiding  officer,  and  the 
members,  in  the  exercise   of  their  discre- 
tion ;  as  the  assembly  may  refuse  to  ex- 
cuse from  serving,  or  may  itself  appoint, 
on  a  committee,  persons  who  are  opposed 
to  the  subject  referred.     It  is  customary, 
however,  in  all  deliberative  assemblies,  to 
constitute   a   committee  of  such  persons, 
(the    mover   and   seconder  of  a   measure 
being  of  course  appointed,)  a  majority  of 
whom,  at  least,  are  favorably   inclined  to 
the  measure  proposed. 

272.  When  a  committee  has  been  ap- 
pointed, in  reference  to  a  particular  sub- 
ject, it  is  the  duty  of  the  secretary  of  the 
assembly  to  make  out  a  list  of  the  mem- 
bers, together  with  a  certified  copy  of  the 


MANNER   OF   PROCEEDING.  159 

authority  or  instructions  under  which 
they  are  to  act,  and  to  givQ  the  papers  to 
the  member  first  named  on  the  list  of  the 
committee,  if  convenient,  but,  otherwise, 
to  any  other  member  of  the  committee. 

Sect.  1IL    Their  Organization  and  Man- 
ner of  Proceeding. 

273.  The  person  first  named  on  a  com- 
mittee acts  as  its  chairman,  or  presiding 
officer,  so  far  as  relates  to  the  preliminary 
steps  to  be  taken,  and  is  usually  permitted 
to  do  so,  through  the  whole  proceedings ; 
but  this  is  a  matter  of  courtesy;  every 
committee  having  a  right  to  elect  its  own 
chairman,  who  presides  over  it,  and  makes 
the  report  of   its  proceedings  to  the  as- 
sembly. 

274.  A  committee  is  properly  to  receive 
directions  from  the  assembly,  as  to  the 
time  and  place  of  its  meeting,  and  can  not 
regularly  sit  at  any  other  time  or  place ; 
and  it  may  be  ordered  to  sit  immediately, 
whilst  the  assembly  is  sitting,  and  make 
its  report  forthwith. 


160  PARLIAMENT ABY  PRACTICE. 

275.  When  no  directions  are  given,  a 
committee  may  select  its  own  time  and 
place  of  meeting;  but,  without  a  special 
order  to  that  effect,  it  is  not  at  liberty  to 
sit  whilst   the   assembly  sits;   and,  if  a 
committee  is  sitting,  when  the  assembly 
comes  to  order  after  an  adjournment,  it  is 
the  duty  of  the  chairman  to  rise,  instantly, 
on  being  certified  of  it,  and,  with  the  other 
members,   to   attend   the   service  of   the 
assembly. 

276.  In  regard  to  its  forms  of  proceed- 
ing, a  committee  is  essentially  a  miniature 
assembly ; — it  can  only  act  when  regularly 
assembled  together,  as  a  committee,  and 
not  by  separate  consultation  and  consent 
of  the  members ;  nothing  being  the  agree- 
ment or  report  of  a  committee,  but  what 
is  agreed  to  in  that  manner ; — a  vote  taken 
in  committee   is   as  binding  as  a  vote  of 
the  assembly ; — a   majority  of  the   mem- 
bers is  necessary  to  constitute  a  quorum 
for  business,  unless  a  larger   or  smaller 
number  has  been  fixed  by  the  Assembly 
itself; — and  a  committee  has  full  power 
over  whatever  may  be  committed  to  it, 


MANNER   OF   PROCEEDING.  161 

except  that  it  is  not  at  liberty  to  change 
the  title  or  subject. 

277.  A  committee,  which  is  under  no 
directions   as   to   the   time  and  place  of 
meeting,   may  meet  when   and  where  it 
pleases,  and   adjourn  itself  from  day  to 
day,    or    otherwise,    until    it    has     gone 
through  with  the  business  committed  to 
it;  but,  if  it  is  ordered  to  meet  at  a  par- 
ticular time,  and  it  fails  of  doing  so,  for 
any  cause,  the  committee  is  closed,  and 
can  not  act  without  being  newly  directed 
to  sit. 

278.  Disorderly  words    spoken  in  a 
committee  must  be  written  down    in  the 
same  manner  as  in  the  assembly ;  but  the 
committee,  as  such,  can  do  nothing  more 
than  report  them  to  the  assembly  for  its 
animadversion;  neither  can  a  committee 
punish  disorderly  conduct  of  any  other 
kind,  but  must  report  it  to  the  assembly. 

279.  When  any  paper  is  before  a  com- 
mittee, whether  select  or  of   the  whole, 
it  may  either  have  originated  with  the 
committee,  or  have  been  referred  to  them ; 
and,  in  either  case,  when  the  paper  comes 


162  PAKLIAMENTAKY   PKACTICE. 

to  be  considered,  the  course  is  for  it  to  be 
first  read  entirely  through,  by  the  clerk 
of  the  committee,  if  there  is  one,  other- 
wise by  the  chairman;  and  then  to  be 
read  through  again  by  paragraphs  by  the 
chairman,  pausing  at  the  end  of  each 
paragraph,  and  putting  questions  for 
amending,  either  by  striking  out  or  in- 
serting, if  proposed.  This  is  the  natural 
order  of  proceeding  in  considering  and 
amending  any  paper,  and  is  to  be  strictly 
adhered  to  in  the  assembly ;  but  the  same 
strictness  does  not  seem  necessary  in  a 
committee. 

280.  If  the  paper  before  a  committee  is 
one  which  has  originated  with  the  com- 
mittee, questions  are  put  on  amendments 
proposed,  but  not  on  agreeing  to  the  sev- 
eral paragraphs  of  which  it  is  composed, 
separately,  as  they  are  gone  through  with ; 
this  being  reserved  for  the  close,  when  a 
question  is  to  be  put  on  the  whole,  for 
agreeing   to   the   paper,  as   amended,  or 
unamended. 

281.  If   the   paper  be  one,  which  has 
been  referred  to  the  committee,  they  pro- 


MANNER  OF  PROCEEDING.  163 

ceed  as  in  the  other  case  to  put  questions 
of  amendment,  if  proposed,  but  no  final 
questions  on  the  whole ;  because  all  the 
parts  of  the  paper,  having  been  passed 
upon  if  not  adopted  by  the  assembly  as 
the  basis  of  its  action,  stand,  of  course, 
unless  altered  or  struck  out  by  a  vote 
of  the  assembly.  And  even  if  the  com- 
mittee are  opposed  to  the  whole  paper, 
and  are  of  opinion  that  it  can  not  be  made 
good  by  amendments,  they  have  no  au- 
thority to  reject  it;  they  must  report  it 
back  to  the  assembly,  without  amend- 
ments, (specially  stating  their  objections, 
if  they  think  proper,)  and  there  make 
their  opposition  as  individual  members.* 

282.  In  the  case  of  a  paper  originating 
with  a  committee,  they  may  erase  or  inter- 
line it  as    much  as   they   please ;  though, 
when  finally  agreed  to,  it  ought  to  be  re- 
ported  in   a    clear   draft,    fairly  written, 
without  erasure  or  interlineation. 

283.  But,  in  the    case  of   a   paper   re- 


*  This  rule  is  not  applicable,  of  course,  to  those 
cases  in  which  the  subject,  as  well  as  the  form  or  details 
of  a  paper,  is  referred  to  the  committee. 


164  PARLIAMENTARY  PRACTICE. 

ferred  to  a  committee,  they  are  not  at 
liberty  to  erase,  interline,  blot,  disfigure, 
or  tear  it,  in  any  manner  ;  but  they  must, 
in  a  separate  paper,  set  down  the  amend- 
ments they  have  agreed  to  report,  stating 
the  words  which  are  to  be  inserted  or 
omitted,  and  the  places  where  the  amend- 
ments are  to  be  made,  by  references  to 
the  paragraph  or  section,  line,  and  word. 

284.  If  the  amendments  agreed  to  are 
very  numerous  and  minute,  the  committee 
may  report  them  altogether,  in  the  form  of 
a  new  and  amended  draft. 

285.  When  a  committee  has  gone  through 
the  paper,  or  agreed  upon  a  report  on  the 
subject,  which  has  been  referred  to  them, 
it  is  then  moved   by   some  member,  and 
thereupon  voted,  that  the  committee  rise, 
and  that  the  chairman,or  some  other  mem- 
ber, make  their  report  to  the  assembly. 

Sect.  IV.    Their  Report- 

286.  When  the  report  of   a  committee 
is  to  be  made,  the  chairman,  or  member 
appointed  to  make  the  report,  standing  in 
his  place,  informs  the  assembly,  that  the 


KEPORT  OF  COMMITTEE.  165 

committee,  to  whom  was  referred  such  a 
subject  or  paper,  have,  according  to  order, 
had  the  same  under  consideration,  and 
have  directed  him  to  make  a  report  there- 
on, or  to  report  the  same  with  sundry 
amendments,  or  without  amendment,  as 
the  case  may  be,'  which  he  is  ready  to  do, 
when  the  assembly  shall  please ;  and  he 
or  any  other  member  may  then  move 
that  the  report  be  now  received.  On  this 
motion  being  made,  the  question  is  put 
whether  the  assembly  will  receive  the  re- 
port at  that  time  ;  and  a  vote  passes,  ac- 
cordingly, either  to  receive  it  then,  or  fix- 
ing upon  some  future  time  for  its  reception. 

287.  At  the  time,  when,  by  the  order  of 
the  assembly,  the  report  is  to  be  received, 
the  chairman  reads  it   in  his   place,  and 
then   delivers  it,    together    with   all  the 
papers,  connected  with  it,  to  the  clerk  at 
the  table  ;  where  it  is  again  read,  and  then 
lies  on  the  table,  until  the  time  assigned, 
or  until  it  suits  the  convenience  of  the  as- 
sembly, to  take  it  up  for  consideration. 

288.  If  the  report  of  the  committee   is 
of  a  paper  with   amendments,  the  chair- 


166  PAKLIAMENTAKY   PBACTICE. 

man  reads  the  amendments  with  the  co- 
herence in  the  paper,  whatever  it  may  be, 
and  opens  the  alterations,  and  the  reasons 
of  the  committee  for  the  amendments, 
until  he  has  gone  through  the  whole ;  and, 
when  the  report  is  read  at  the  clerk's  table, 
the  amendments  only  are  read  without 
the  coherence. 

289.  In  practice,  however,  the  formality 
of  a  motion  and  vote  on  the  reception  of  a 
report  is  usually  dispensed  with  ;  though, 
if  any  objection  is  made,  or  if  the  presid- 
ing officer  sees  any  informality  in  the  re- 
port, he  should  decline  receiving  it  with- 
out a  motion  and   vote  ;  and  a   report,  if 
of   any   considerable   length,   is     seldom 
read,  either  by  the  chairman  in  his  place, 
or  by  the  clerk   at  the  table,  until   it   is 
taken  up  for  consideration.     In   legisla- 
tive assemblies,  the  printing  of   reports 
generally  renders  the  reading  of  them  un- 
necessary. 

290.  The  report  of  a  committee  being 
made  and  received,  the  committee  is  dis- 
solved, and  can  act  no  more  without  a  new 
power;  but  their  authority  may  be  re- 


REPORT   OF   COMMITTEE.  167 

vived  by  a  vote,  and  the  same  matter 
recommitted  to  them.  If  a  report, 
when  offered  to  the  assembly,  is  not 
received,  the  committee  is  not  thereby 
discharged,  but  may  be  ordered  to  sit 
again,  and  a  time  and  place  appointed 
accordingly. 

291.  When  a  subject  or  paper  has  been 
once  committed,  and  a  report  made  upon 
it,  it  may  be  recommitted  either  to  the 
same  or  a  different  committee ;  and  if  a  re- 
port is  recommitted,  before  it   has   been 
agreed  to  by  the  assembly,  what  has  here- 
tofore passed  in  the  committee   is   of    no 
validity ;  the  whole  question  being  again 
before  the  committee,  as  if  nothing   had 
passed  there  in  relation  to  it. 

292.  The  report  of  a  committee  may  bo 
made   in  three  different   forms,   namely  : 

first,  it  may  contain  merely  a  statement  of 
facts,  reasoning,  or  opinion,  in  relation  to 
the  subject  of  it,  without  any  specific  con- 
clusion; or,  second,  a  statement  of  facts, 
reasoning,  or  opinion,  concluding  with  a 
resolution,  or  series  of  resolutions,  or 
some  other  specific  proposition ;  or,  third, 


168  PARLIAMENTARY   PRACTICE. 

it  may  consist  merely  of  such  resolutions, 
or  propositions,  without  any  introductory 
part. 

293.  The  first  question  on  a  report,  is, 
in  strictness,  on  receiving  it;  though  in 
practice,  this  question  is  seldom  or  never 
made;  the  consent  of   the  assembly,  es- 
pecially in  respect  to  the  report  of  a  com- 
mittee of  the  whole,  being  generally  pre- 
sumed, unless  objection  is  made.     When 
a  report  is  received,  whether  by  general 
consent,  or  upon  a  question  and  vote,  the 
committee  is  discharged,  and  the  report 
becomes  the  basis  of  the  future  proceed- 
ings of  the  assembly,  on  the  subject  to 
which  it  relates. 

294.  At  the  time  assigned  for  the  con- 
sideration of  a  report,  it  may  be  treated 
and  disposed  of  precisely  like  any  other 
proposition    (59    to    77);    and    may   be 
amended,  in  the  same  manner  (78  to  133), 
both   in   the  preliminary  statement,  rea- 
soning, or  opinion,  if  it  contain  any,  and 
in  the  resolutions,  or  other  propositions 
with  which  it  concludes;  so  if  it  consist 
merely  of  a  statement,  &c.,  without  reso- 


BEPORT   OF   COMMITTEE.  169 

lutions,    or   of   resolutions,    &c.,  without 
any  introductory  part. 

295.  The   final   question   on  a   report, 
whatever   form   it   may  have,  is   usually 
stated   on   its  acceptance ;  and,  when  ac- 
cepted, the  whole   report   is   adopted  by 
the  assembly,  and  becomes  the  statement, 
reasoning,    opinion,  resolution,  or   other 
act,  as  the  case  may  be,  of  the  assembly ; 
the  doings  of  a  committee,  when  agreed 
to,  adopted,   or   accepted,  becoming   the 
acts  of  the  assembly,  in  the  same  manner 
as   if   done   originally  by   the   assembly 
itself,  without  the  intervention  of  a  com- 
mittee. 

296.  It  would  be  better,  however,  and 
in  stricter  accordance  with  parliamentary 
rules,  to  state  the  final  question  on  a  re- 
port, according  to  the  form  of  it.     If  the 
report    contain     merely    a    statement  of 
facts,  reasoning,  or  opinion,  the  question 
should  be   on  acceptance ;  if  it  also  con- 
clude with   resolutions,  or  other  specific 
propositions,  of  any  kind, — the  introduc- 
tory part  being  consequently  merged  in 
the  conclusion, — the  question  should  be 


170  PARLIAMENTARY   PRACTICE. 

on  agreeing  to  the  resolutions,  or  on  adopt- 
ing the  order,  or  other  proposition,  or  on 
passing  or  coming  to  the  vote,  recom- 
mended by  the  committee ;  and  the  same 
should  be  the  form  of  the  question  when 
the  report  consists  merely  of  resolutions, 
&c.,  without  any  introductory  part. 

Sect.  V.    Committee  of  the  Whole. 

297.  When  a  subject  has  been  ordered 
to  be  referred  to  a  committee  of  the 
whole,  the  form  of  going  from  the  assem- 
bly into  committee,  is,  for  the  presiding 
officer,  at  the  time  appointed  for  the  com- 
mittee to  sit,  on  motion  made  and  sec- 
onded for  the  purpose,  to  put  the  ques- 
tion that  the  assembly  do  now  resolve 
itself  into  a  committee  of  the  whole,  to 
take  under  consideration  such  a  matter, 
naming  it.  If  this  question  is  determined 
in  the  affirmative,  the  result  is  declared 
by  the  presiding  officer,  who,  naming 
some  member  to  act  as  chairman  of  the 
committee,  then  leaves  the  chair,  and 
takes  a  seat  elsewhere,  like  any  other 
member ;  and  the  person  appointed  chair- 


COMMITTEE   OF   THE  WHOLE.       .  171 

man  seats  himself  (not  in  the  chair  of  the 
assembly  but)  at  the  clerk's  table. 

298.  The    chairman  named  by  the  pre- 
siding  officer  is  generally  acquiesced  in 
by  the  committee ;  though,  like   all  other 
committees,  a   committee   of    the   whole 
have  a  right  to  elect  a  chairman  for  them- 
selves, some  member,  by  general  consent, 
putting  the  question. 

299.  The  same  number  of  members  is 
necessary  to   Constitute  a   quorum   of  a 
committee  of  the  whole,  as  of  the  assem- 
bly;   and   if    the    members   present   fall 
below   a   quorum,    at    any   time,   in   the 
course  of  the  proceedings,  the  chairman, 
on    a   motion    and    question,    rises, — the 
presiding  officer  thereupon  resumes  the 
chair, — and    the    chairman    informs    the 
assembly  (he  can  make  no  other  report) 
of  the  cause   of   the   dissolution   of   the 
committee. 

300.  When  the   assembly  is  in  commit- 
tee of  the  whole,  it   is  the  duty  of  the 
presiding  officer  to  remain  in  the  assem- 
bly-room, in  order  to  be  at  hand  to  re- 
sume  the  chair,   in  case  the  committee 


172  PARLIAMENTARY  PRACTICE. 

should  be  broken  up  by  some  disorder, 
or  for  want  of  a  quorum,  or  should  rise, 
either  to  report  progress,  or  to  make  their 
final  report  upon  the  matter  committed 
to  them. 

301.  The   clerk   of   the   assembly  does 
not  act  as  clerk  of  the  committee  (this   is 
the  duty  of  the  assistant  clerk  in  legisla- 
tive bodies),  or  record  in  his  journal  any 
of  the  proceedings   or   votes  of  the  com- 
mittee, but  only  their  report  as  made  to 
the  assembly. 

302.  The  proceedings  in   a  committee 
of  the  whole,  though,  in  general,  similar 
to   those  in   the  assembly  itself,  and  in 
other  committees,  are  yet  different  in  some 
respects,  the  principal  of  which  are  the 
following  : 

303.  First.  The  previous  question  can 
not  be  moved  in  a  committee  of  the  whole. 
The  only  means  of  avoiding  an  improper 
discussion  is,  to  move  that  the  committee 
rise ;  and,  if  it  is   apprehended,  that  the 
same   discussion    will   be  attempted   on 
returning  again  into  committee,   the  as- 
sembly can  discharge  the  committee,  and 


COMMITTEE  OF  THE  WHOLE.  173 

proceed  itself  with  the  business,  keeping 
down  any  improper  discussion  by  means 
of  the  previous  question.* 

304.  Second.  A  committee  of  the  whole 
can  not  adjourn,  like  other  committees,  to 
some  other  time  or  place,  for  the  purpose 
of  going  on  with  and  completing  the  con- 
sideration of  the  subject  referred  to  them; 
but  if  their  business  is  unfinished,  at  the 
usual  time  for  the  assembly  to  adjourn, 
or,  for  any  other  reason,  they  wish  to 
proceed  no  further  at  a  particular  time, 
the  form  of  proceeding  is,  for  some  mem- 
ber to  move  that  the  committee  rise, — re- 
port progress, — and  ask  leave  to  sit  again  ; 
and,  if  this  motion  prevails,  the  chairman 
rises, — the  presiding  officer  resumes  the 
chair  of  the  assembly, — and  the  chairman 
of  the  committee  informs  him  that  the 
committee  of  the  whole  have,  according 
to  order,  had  under  their  consideration 
such  a  matter,  and  have  made  some  pro- 


*  If  the  object  be  to  stop  debate,  that  can  only  be 
effected,  in  the  same  manner,  unless  there  is  a  special 
rule,  as  to  the  time  of  speaking,  or  to  taking  a  subject 
out  of  committee. 


174         PARLIAMENT ABY  PRACTICE. 

gress  therein* ;  but,  not  having  had  time 
to  go  through  with  the  same,  have  directed 
him  to  ask  leave  for  the  committee  to  sit 
again.  The  presiding  officer  thereupon 
puts  a  question  on  giving  the  committee 
leave  to  sit  again,  and  also  on  the  time 
when  the  assembly  will  again  resolve 
itself  into  a  committee.  If  leave  to  sit 
again  is  not  granted,  the  committee  is  of 
course  dissolved. 

305.  Third.  In  a  committee  of  the  whole, 
every  member  may  speak   as  often  as   he 
pleases,  provided  he  can  obtain  the  floor  ; 
whereas  in  the  assembly  itself,  no  mem- 
ber can  speak  more  than  once. 

306.  Fourth.  A  committee  of  the  whole 
can  not  refer  any  matter  to  another  com- 
mittee ;  but  other  committees  may  and  do 
frequently  exercise    their  functions,  and 
expedite  their  business  by  means  of  sub- 
committees of  their  own  members. 

307.  Fifth.  In  a  committee  of  the  whole, 
the  presiding  officer  of  the  assembly  has  a 
right  to  take  a  part  in  the  debate  and  pro- 

*  If  it  is  a  second  time,  the  expression  is,  "  some  fui> 
ther  progress,"  &c. 


COMMITIEE   OF   THE   WHOLE.  175 

ceedings,  in  the  same  manner  as  any  other 
member. 

308.  Sixth.  A  committee  of  the  whole, 
like  a  select  committee,  has  no  authority 
to  punish  a  breach  of  order  whether  of  a 
member,  or  stranger;  but   can    only   rise 
and  report  the  matter  to   the   assembly, 
who  may  proceed  to  punish  the  offender. 
Disorderly  words  must  be  written  down  in 
committee,  in  the  same  manner  as  in  the 
assembly,  and  reported  to  the   assembly 
for  their  animadversion. 

309.  The  foregoing   are   the  principal 
points  of  difference  between  proceedings 
in  the  assembly  and  in  committees  of  the 
whole ;  in  most  other   respects   they  are 
precisely  similar.     It   is   sometimes  said, 
that  in  a  committee  of  the  whole,  it  is  not 
necessary  that  a  motion   should   be   sec- 
onded.    There  is  no  foundation,  however, 
either  in  reason  or  parliamentary  usage, 
for  this  opinion. 

310.  When  a  committee  of  the  whole 
have  gone   through   with   the   matter  re- 
ferred to  them,  a  member  moves  that  the 
committee  rise,  and  that  the  chairman  (or 


176  PARLIAMENTARY  PRACTICE. 

some  other  member)  report  tlieir  proceed- 
ings to  the  assembly ;  which  being  re- 
solved, the  chairman  rises  and  goes  to  his 
place, — the  presiding  officer  resumes  the 
chair  of  the  assembly, — and  the  chairman 
informs  him,  that  the  committee  have  gone 
through  with  the  business  referred  to 
them,  and  that  he  is  ready  to  make  their 
report,  when  the  assembly  shall  think 
proper  to  receive  it.  The  time  for  receiv- 
ing the  report  is  then  agreed  upon  ;  and, 
at  the  time  appointed,  it  is  made  and  re- 
ceived in  the  same  manner  as  that  of  any 
other  committee  (286). 

311,  It  sometimes  happens,  that  the 
formality  of  a  motion  and  question  as  to 
the  time  of  receiving  a  report  is  dispensed 
with.  If  the  assembly  are  ready  to  re- 
ceive it,  at  the  time,  they  cry  out,  "'now,' 
now,"  whereupon  the  chairman  proceeds  ; 
if  not  then  ready,  some  other  time  is 
mentioned,  as  "  to-morrow,"  or  "Mon- 
day," and  that  time  is  fixed  by  general 
consent.  But,  when  it  is  not  the 
general  sense  of  the  assembly  to  receive 
the  report  at  the  time,  it  is  better  to 


CONCLUDING   KEMAEKS.  177 

agree  upon  and  fix  tLe  time  by  a  motion 
and  question. 


CONCLUDING  EEMAEKS. 

312.  In  bringing  this  treatise  to  a  close, 
it  will   not   be   deemed  out  of  place,  to 
make  a  suggestion  or  two  for  the  benefit 
of  those  persons,  who  may  be  called  upon 
to  act  as  presiding  officers,  for  the  first 
time. 

313.  One  of  the  most  essential  parts  of 
the  duty  of  a  presiding  officer  is,  to  give 
the  closest  attention  to  the    proceedings 
of  the  assembly,  and,  especially,  to  what 
is   said  by   every   member  who   speaks. 
"Without  the  first,  confusion  will  be  almost 
certain  to  occur;  wasting  the  time,  per- 
haps disturbing  the  harmony,  of  the  as- 
sembly.    The   latter  is  not  merely  a  de- 
cent  manifestation  of  respect   for  those 
who  have  elevated  him  to  an  honorable 
station ;  but  it  tends  greatly  to  encourage 
timid  or  diffident  members,  and  to  secure 


178  PAKLIAMENTAEY   PKACTICE. 

them  a  patient  and  attentive  hearing;  and 
it  often  enables  the  presiding  officer,  by  a 
timely  interference,  to  check  offensive 
language,  in  season  to  prevent  scenes  of 
tumult  and  disorder,  such  as  have  some- 
times disgraced  our  legislative  halls. 

314.  It   should   be    constantly  kept  in 
mind  by  a  presiding  officer,  that,  in  a  de- 
liberative assembly,  there  can  regularly 
be   but  one  thing  done  or  doing,  at  the 
same    time.      This    caution   he  will   find 
particularly   useful   to  him,   whenever  a 
quarrel  arises  between  two  members,  in 
consequence  of  words  spoken  in  debate. 
In  such  a  case,  he  will  do  well  to  require 
that   the   regular   course    of   proceeding 
shall  be  strictly  pursued;  and  will  take 
care  to  restrain  members  from  interfering 
in   any  other   manner.     In   general,    the 
solemnity  and  deliberation,  with  which 
this  mode  is  attended,  will  do  much  to 
allay  heat  and  excitement,  and  to  restore 
harmony  and  order  to  the  assembly. 

315.  A  presiding  officer  will  often  find 
himself  embarrassed,  by  the  difficulty,  as 
well  as  the  delicacy,  of  deciding  points  of 


CONCLUDING  REMARKS.  179 

order,  or  giving  directions  as  to  the  man- 
ner of  proceeding.  In  such  cases,  it  will 
be  useful  for  him  to  recollect,  that— 

THE  GREAT  PURPOSE  OF  ALL  RULES  AND 
FORMS,  IS  TO  SUBSERVE  THE  WILL  OF  THE  AS- 
SEMBLY RATHER  THAN  TO  RESTRAIN  IT;  TO 
FACILITATE,  AND  NOT  TO  OBSTRUCT,  THE  EX- 
PRESSION OF  THEIR  DELIBERATE  SENSE. 


APPENDIX. 


CONSTITUTION  OF  THE  UNITED  STATES.* 

We,  the  people  of  the  United  States,  in  order  to 
form  ii  more  perfect  union,  establish  justice,  insure 
domestic  tranquility,  provide  for  the  common  defence, 
promote  the  general  welfare,  and  secure  the  blessings 
of  liberty  to  ourselves  and  our  posterity,  do  ordain 
and  establish  this  Constitution  for  the  United  States 
of  America.1 

ARTICLE  I. 

Section  I.  All  legislative  powers  herein  granted 
shall  be  vested  in  a  Congress  of  the  United  States, 
which  shall  consist  of  a  Senate  and  a  House  of  Repre- 
sentatives.2 

Sect,  II.  The  House  of  Representatives  shall  be  com- 
posed of  members  chosen  every  second  year  by  the 
people  of  the  several  States,  and  the  electors  in  each 

*  The  Constitution  of  the  United  States  was  adopted  by  a 
convention  of  the  several  States,  September  17,  1787.  It  was 
ratified  by  the  States,  as  follows  :  Delaware,  December  7,  1787; 
Pennsylvania,  December  12,  1787 ;  New  Jersey,  December  18, 
1787  ;  Georgia,  Jaruary  2,  1788  :  Connecticut,  January  9,  1788  ; 
Massachusetts,  February  6,  1788 ;  Maryland,  April  28,  1^8  ; 
South  Carolina,  May  23,  1788;  New  Hampshire,  June  21,  1788  ; 
Virginia,  June  26.  1788  ;  and  New  York,  July  26,  1788. 

Thus,  on  the  4th  of  March,  1789,  the  day  fixed  for  commenc- 
ing the  operations  of  government  under  the  new  Constitution, 
it  had  been  ratified  by  more  than  the  required  number  of 
States. 

North  Carolina  ratified  it  November  21,  1789  ;  Rhode  Island, 
on  May  29,  3789;  and  Vermont,  on  January  10,  1791. 

1  Chisholm  v.  Georgia,  •„•  Dall.(  41^;    McCtilloch   v.   State  of 
Maryland,  4  Wh.,  316  ;  Brown  v.  Maryland,  12  Wh.,  419;  Barren 
v.  Mayor  and  City   Council   of  Baltimore,   7  Pet.,   243;  Lane 
County  v.  Oregon,  7  Wall.,  71 ;  Texas  v.  White,  7  Wall.,  700. 

2  Eayburn's  case  (notes)  'J  Dall.,  409. 


CONSTITUTION  OF  THE  UNITED  STATES.          181 

State  shall  have  the  qualifications  requisite  for  elect- 
ors of  the  most  numerous  branch  of  the  State  legisla- 
ture. 

No  person  shall  be  a  Representative  who  shall  not 
have  attained  the  age  of  twenty-live  years,  and  been 
seven  years  a  citizen  of  the  United  States,  and  who 
shall  not,  when  elected,  be  an  inhabitant  of  that  State 
in  which  he  shall  be  chosen. 

[Representatives  and  direct  taxes  shall  be  appor- 
tioned among  the  several  States  which  may  be  in- 
cluded within  this  Union,  according  to  their  respec- 
tive numbers,  which  shall  be  determined  by  adding 
to  the  whole  number  of  free  persons,  including  those 
bound  to  service  for  a  term  of  years,  and  excluding 
Indians  not  taxed,  three-fifths  of  all  other  persons.]1 
The  actual  enumeration  shall  be  made  within  three 
years  after  the  first  meeting  of  the  Congress  of  the 
United  States,  and  within  every  subsequent  term  of 
ten  years,  in  such  manner  as  they  shall  by  law  direct. 
Tho  number  of  Representatives  shall  not  exceed  one 
for  every  thirty  thousand,  but  each  State  shall  have 
at  least  one  Representative  ;  and  until  such  enumera- 
tion shall  be  made,  the  State  of  New  Hampshire  shall 
be  entitled  to  choose  three,  Massachusetts  eight, 
Rhode  Island  and  Providence  Plantations  one,  Con- 
necticut five,  New  York  six,  New  Jersey  four,  Penn- 
sylvania eight,  Delaware  one,  Maryland  six,  Virginia 
ten,  North  Carolina  five,  South  Carolina  five,  and 
Georgia  three.2 

When  vacancies  happen  in  the  representation  from 
any  State,  the  executive  authority  thereof  shall  issue 
writs  of  election  to  fill  such  vacancies. 

The  House  of  Representatives  shall  choose  their 
speaker  and  other  officers  ;  and  shall  have  the  sole 
power  of  impeachment. 

Sect.  TIL  The  Senate  of  the  United  States  shall  be 
composed  of  two  Senators  from  each  State,  chosen  by 

1  The  clause  included  in  brackets  is  amended  by  the  xivth 
Amendment,  2d  section. 

2  Veazie   Bank  v.  Fenno,   8  Wall.,   533  ;    Scholey  v.  Rew,  23 
Wall.,  331. 


182         CONSTITUTION  OF  THE  UNITED  STATES. 

the  legislature  thereof,  for  six  years  ;  and  each  Sen- 
ator shall  have  one  vote. 

Immediately  after  they  shall  be  assembled  in  con- 
sequence of  the  first  election,  they  shall  be  divided 
as  equally  as  may  be  into  three  classes.  The  seats  of 
the  Senators  of  the  first  class  shall  be  vacated  at  the 
expiration  of  the  second  year,  of  the  second  class  at 
the  expiration  of  the  fourth  year,  and  of  the  third 
class,  at  the  expiration  of  the  sixth  year,  so  that  one- 
third  may  be  chosen  every  second  year  ;  and  if  vacan- 
cies happen  by  resignation,  or  otherwise,  during  the 
recess  of  the  legislature  of  any  State,  the  executive 
thereof  may  make  temporary  appointments  until  the 
next  meeting  of  the  legislature,  which  shall  then  fill 
such  vacancies. 

No  person  shall  be  a  Senator  who  shall  not  have  at- 
tained to  the  age  of  thirty  years,  and  been  nine  years  a 
citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  inhabitant  of  that  State  for  which  he 
shall  be  chosen. 

The  Vice-President  of  the  United  States  shall  be 
President  of  the  Senate,  but  shall  have  no  vote,  unless 
they  be  equally  divided. 

The  Senate  shall  chose  their  other  officers,  and  also 
a  President  pro  tempore,  in  the  absence  of  the  Vice- 
President,  or  when  he  shall  exercise  the  office  of  Pres- 
ident of  the  United  States. 

The  Senate  shall  have  sole  power  to  try  all  impeach- 
ments. When  sitting  for  that  purpose,  they  shall  be 
on  oath  or  affirmation.  When  the  President  of  the 
United  States  is  tried,  the  Chief  Justice  shall  preside: 
and  no  person  shall  be  convicted  without  the  concur- 
rence of  two  thirds  of  the  members  present. 

Judgmentin  cases  of  impeachment  sluall  not  extend 
further  than  to  removal  from  office,  and  disqualifica- 
tion to  hold  and  enjoy  any  office  of  honor,  trust  or 
profit,  under  the  United  States  :  but  the  party  con- 
victed shall  nevertheless  be  liable  and  subject  to  in- 
dictment, trial,  judgment  and  punishment,  according 
to  law. 

Sect.  IV.  The  times,  places  and  manner  of  holding 
elections  for  Senators  and  Representatives,  shall  be 


CONSTITUTION  OF  THE  UNITED  STATES.          183 

prescribed  in  each  State  by  the  legislature  thereof ; 
but  the  Congress  may  at  any  time  by  law  make  or  alter 
such  regulations,  except  as  to  the  places  of  choosing 
Senators.1 

The  Congress  shall  assemble  at  least  once  in  every 
year,  and  such  meeting  shall  be  on  the  first  Monday 
in  December,  unless  they  shall  by  law  appoint  a  dif- 
ferent day. 

Sect,  V.  Each  house  shall  be  the  judge  of  the  elect- 
ions, returns  and  qualifications  of  its  own  members, 
and  a  majority  of  each  shall  constitute  a  quorum  to  do 
business  ;  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  may  be  authorized  to  compel  the  at- 
tendance of  absent  members, in  such  manner,  and  un- 
der such  penalties  as  each  house  may  provide. 

Each  house  may  determine  the  rules  of  its  proceed- 
ings, punish  its  members  for  disorderly  behavior, 
and,  with  the  concurrence  of  two  thirds,  expel  a  mem- 
ber. 2 

Each  house  shall  keep  a  journr.l  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting 
such  parts  as  may  in  their  judgment  require  secrecy  ; 
and  the  yeas  and  nays  of  the  members  of  either  house 
on  any  question  shall. at  the  desire  of  one  fifth  of  those 
present,  be  entered  on  the  journal. 

Neither  house,  during  the  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more 
than  three  days,  nor  to  any  other  place  than  that  in 
which  the  two  houses  shall  be  sitting. 

Sect.  VI.  The  Senators  and  Representatives  shall 
receive  a  compensation  for  their  services,  to  be  ascer- 
tained by  law,  and  paid  out  of  the  Treasury  of  the 
United  *States.  They  shall  in  fill  cases,  except  trea- 
son, felony  and  breach  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  at  the  session  of 
their  respective  houses,  and  in  going  to  and  returning 
from  tLe  same  ;  and  for  any  speech  or  debate  in  either 

1  Exparte  Slebold,  100  U.  S  ,  371 ;  Ex  parte  Yarborough,  110  U. 
S.,  651. 

2  Anderson  v.  Dunn,  6  Wh..  104  ;    Kilbouru  v.  Thompson.  103 
U.  S  ,  168. 


184  CONSTITUTION  OF  THE  UNITED  STATES. 

house,  they  shall  not  be  questioned  in  any  other 
place.1 

No  Senator  or  Representative  shall,  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil 
office  under  the  authority  of  the  United  States,  which 
shall  have  been  created,  or  the  emoluments  whereof 
shall  have  been  increased  during  such  time  ;  and  no 
person  holding  any  office  under  the  United  States, shall 
be  a  member  of  either  house  during  his  continuance 
in  office. 

Sect.  VII.  All  bills  for  raising  revenue  shall  originate 
in  the  House  of  Representatives  ;  but  the  Senate  may 
propose  or  concur  with  amendments  as  on  other  bills. 

Every  bill  which  shall  have  passed  the  House  of 
Representatives  and  the  Senate,  shall,  before  it  be- 
comes a  law,  be  presented  to  the  President  of  the 
United  States  ;  if  he  approve  he  shall  sign  it,  but  if 
not  he  shall  return  it,  with  his  objections,  to  that 
house  in  which  it  shall  have  originated,  who  shall  en- 
ter the  objections  at  large  on  their  journal,  and 
proceed  to  reconsider  it.  If  after  such  reconsidera- 
tion two-thirds  of  that  house  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  the  objections,  to 
the  other  house,  by  which  it  shall  likewise  be  recon- 
sidered, and  if  approved  by  two-thirds  of  that  house, 
it  shall  become  a  law.  But  in  all  cases  the  votes  of 
both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of-the  persons  voting  for  and  against 
the  bill  shall  be  entered  on  the  journal  of  each  house 
respectively.  If  any  bill  shall  not  be  returned  by  the 
President  within  ten  days  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a 
law,  in  like  manner  as  if  he*  had  signed  it,  unless  the 
Congress  by  their  adjournment  prevent  its  return,  in 
which  case  it  shall  not  be  a  law.  • 

Every  order,  resolution,  or  vote  to  which  the  con- 
currence of  the  Senate  and  the  House  of  Representa- 
tives may  be  necessary  (except  on  a  question  ot  ad- 
journment) shall  be  presented  to  the  President  of  the 
United  States  ;  and  before  the  same  shall  take  effect, 

i  Cox  v.  McClenachan,  3  Dall.,  478. 


CONSTITUTION  OF  THE  UNITED  STATES.          185 

shall  be  approved  by  him,  or  being  disapproved  by 
him,  shall  be  repassed  by  two-thirds  of  the  Senate 
and  House  of  Representatives,  according  to  the  rules 
and  limitations  prescribed  in  the  case  of  a  bill. 

Sect.  VIII.  The  Congress  shall  have  power  to  lay 
and  collect  taxes,  duties,  imposts  and  excises,  to  pay 
the  debts  and  provide  for  the  common  defence  and 
general  welfare  of  the  United  States  ;  but  all  duties, 
i  rnposts  and  excises  shall  be  uniform  throughout  the 
United  States  ;  ' 

To  borrow  money  on  the  credit  of  the  United 
States  ;  2 

To  regulate  commerce  with  foreign  nations,  and 
among  the  several  States,  and  with  the  Indian  tribes;  3 

To  establish  an  uniform  rule  of  naturalization,  and 
uniform  laws  on  the  subject  of  bankruptcies  through- 
out the  United  States  ;  4 

To  coin  money,  regulate  the  value  thereof,  and  of 
foreign  coin,  and  fix  the  standard  of  weights  and 
measures  ; 5 

To  provide  for  the  punishment  of  counterfeiting 
the  securities  and  current  coin  of  the  United  States  ; 6 


l.,  171;  4  Wh.,  316;  5  Wh.,  317  ;  9  Wh..  738;  2  Pet., 
449  ;  16  Pet.,  435  ;  5  How.,  504  ;  12  How.,  299  ;  3  Wall.,  387,  573; 

4  Wall.,  459  ;  License  Tax  Cases.  5  Wall.,  4B2,  475  ;  8  Wall.,  123, 
148.533;  11  Wall.,  113;  15  Wall.,  Ill,  300;  17  Wall.,  322;  18  Wall., 

5  ;  23  Wall.,  331  ;  102  U.  S.,  586;  Legal  Tender  Case.  110  U.S.,  421. 

2  4  Wh.,  31f>  ;  2  Pet.,  449  ;  2  Black.,  620  ;  2  Wall.  200  ;  7  Wall., 
16,  26  ;  8  Wall.,  6<)3  ;  9  Wall.,  353  ;  12  Wall.,  457. 

3  9  Wh.,  1  ;  12  Wh.,  419  ;  2  Pet.,  245  ;  6  Pet.,  615 ;  11  Pet.,  102; 
12  Pet.,  72 ;  14  Pet.,  540  ;  5  How.,  504  ;  7  How.,  283  ;  8  How  ,  73, 
490;  9  How..  560;  12  How.,  299,  443;  13  How.,  518;  14  How  , 
568;  18  How.,  71,  421 ;  22  How.  227,  244  ;  1  Black.,  603  ;  3  Wall.. 
407,  713,  782;  6  Wall.,  31.35;  7  Wall..  646;  8  Wall.,  110,  168; 
9  Wall.,  579 ;  10  Wall.,  173,  454,  557,  566  ;  11  Wall.,  411  ;  13  Wall., 
236  ;  15  Wall  ,  232,  284 ;  16  Wall ,  479  ;  17  Wall.,  560  ;  18  Wall.; 
129,206;  19  Wall.,  581,  584 ;  21  Wall.,  4.16,  Bf-8;  92  U.S.,  259, 
275;  93  U.  S.,  4,  99,  188;  94  U.  S,  246;  95  U.  S., 465;  96  U.  S.,  1; 
97  U.S.,  25,  566;  100  U.  S  ,  423  ;  102  U.  S  ,  572  ;  112  U.  S..  69. 
580  ;  113  U  S.,  727  ;  114  U.  S.,  196,  622. 

*  4  Wh.,  122,  209  ;  6  Wh.,  131 ;  12  Wh.,  213  ;  6  Pet.,  348,  761 ; 
9  Pet.,  329;  14  Pet.,  67  ;  5  How.,  295  ;  19  How.,  393. 
6  11  Pet.,  257  ;  5  How.,  410  ;  9  How.,  560. 
6  5  How.,  410  ;  9  How.,  560. 


186         CONSTITUTION  OF  THE  UNITED  STATES. 

To  establish  post-offices  and  post-roads  ;J 

To  promote  the  progress  of  science  and  useful  arts, 
by  securing  for  limited  times  to  authors  and  inventors 
the  exclusive  right  to  their  respective  writings  and 
discoveries  ;2 

To  constitute  tribunals  inferior  to  the  Supreme 
Court  ; 

To  define  and  punish  piracies  and  felonies  com- 
mitted on  the  high  seas,  and  offences  against  the  law 
of  nations  ; 3 

To  declare  war,  grant  letters  of  marque  and  reprisal, 
and  make  rules  concerning  captures  on  land  and 
water  ;4 

To  raise  and  support  armies,  but  no  appropriation 
of  money  to  that  use  shall  be  for  a  longer  term  than 
two  years  :5 

To  provide  and  maintain  a  navy  ;« 

To  make  rules  for  the  government  and  regulation 
of  the  land  and  naval  forces  ;6 

To  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  Union,  suppress  insurrections,  and  re- 
pel invasions  ; 7 

To  provide  for  organizing,  arming,  and  disciplining, 
the  militia,  and  for  governing  such  part  of  them  as 
may  be  employed  in  the  service  of  the  United  States, 
reserving  to  the  States  respectively,  the  appointment 
of  the  officers,  and  the  authority  of  training  the 
militia  according  to  the  discipline  prescribed  by  Con- 
gress ;8 

To  exercise  exclusive  legislation  in  all  cases  what-^ 
soever,  over  such  district  (not  exceeding  ten  miles 
square)  as  may,  by  session  of  particular  States,  and 

1  State   of  Perm.  v.  Wheeling  and   Belmont  Bridge  Co.,  18 
How.,  421. 

2  Grant  v.  Raymond,  6  Pet.,  218  ;  Wheaton  v.  Peters,  8  Pet.,  £91. 

3  3  Wh.,  610 ;    5  Wh.,  76,  153,  184. 

4  8  Cr.,  110;  1  Pet.,  511 ;    2  Wall.,  404  ;  11  Wall.,  268,  331,  493  ; 
21  Wall.,  73,  92;   U.  S.,  187. 

5  Crandall  u.  State  of  Nevada,  6  Wall.,  35 . 

6  U.  S.  v.  Bevaius.  3  Wh.,  336 ;   Dynes  v.  Hoover,    20  How.,  65. 

7  5  Wh.,  1  ;  12  Wh.,  19  ;  7  How  ,  1 ;  6  Wall.,  35 ;  7    Wall.,    700. 

8  5  Wh.,  1 ;  12  Wh.,  19  ;   7  How.,  1. 


CONSTITUTION  OF  THE  UNITED  STATES.          187 

the  acceptance  of  Congress,  become  the  seat  of  the 
Government  of  the  United  States,  and  to  exercise  like 
authority  over  all  places  purchased  by  the  consent  of 
the  legislature  of  the  State  in  which  the  same  shall  be, 
for  the  erection  of  forts,  magazines,  arsenals,  dock- 
yards, and  other  needful  buildings  ;]  and 

To  make  all  laws  which  shall  be  necessary  and 
proper  for  carrying  into  execution  the  foregoing 
powers,  and  all  other  powers  vested  by  this  Constitu- 
tion in  the  Government  of  the  United  States,  or  in  any 
department  or  officer  thereof.  2 

Sect.  IX.  The  migration  or  importation  of  such  per- 
bous  as  any  of  the  States  now  existing  shall  think 
proper  to  admit,  shall  not  be  prohibited  by  the  Con- 
gress prior  to  the  year  one  thousand  eight  hundred 
and  eight,  but  a  tax  or  duty  may  be  imposed  on  such 
importation,  not  exceedingten  dollars  for  each  person.3 

The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when  in  cases  of  rebellion  or 
invasion  the  public  safety  may  require  it.  4 

No  bill  of  attainder  or  ex  post  facto  law  shall  be 
passed.  5 

No  capitation,  or  other  direct  tax  shall  be  laid,  un- 
less in  proportion  to  the  census  or  enumeration  here- 
inbefore directed  to  be  taken.  6 

No  tax  or  duty  shall  be  laid  on  articles  exported 
from  any  State.  7 

No  preference  shall  be  given  by  any  regulation  of 


12  Or..  444;  5  Wh.,  3.7;  6  Wh,,  264;  1  Pet.,  511  ;  12  Pet.,  524; 
9  Wall.,  41 ;  11  Wall.,  010  ;  14  Wall.,  676 ;  92  U.  S.,  13U  ;  94  U  8., 
315  ;  101  U.  S.,  129. 

2  4  Wh  ,  316  ;     10  Wh.  ,1,51;   8  Wall.,  603  ;    9  Wall.,  353,  579  ; 
12  Wall  ,  457  ;    15  Wall.  195  ;  18  Wall.,  5  ;  110  U.  S.,  4^1. 

3  Dred  Scott  v  Sanford,  19  How.,  393. 

43  Dall.,  17  ;  2  Cr.,  44  .  ;  4  Cr.,  75  ;  7  Wh..  33  ;  3  Pet.,  192  ; 
9  Pet..  704  ;  14  Pet..  540 ;  3  How..  103  ;  7  How  ,  1 ;  21  How.,  506  ; 
1  Wall..  243;  4  Wall.,  2;  7  Wall.,  506;  »  Wall.,  85;  13  Wall., 
397  ;  18  Wall.,  163  ;  93  U.  S.,  18,  390  ;  JCtt  U.  S.,  339. 

56Cr..87;  1-2  Wh.,  213;  S  Pet.,  88  ;  17  How.,  456  ;  4  Wall., 
172.  277,  333;  8  Wall.,  595;  13  Wall.,  257  ;  16  Wall.,  234. 

6  License  Tax  Cases,  5  Wall.,  462  ;   Springer  v.  United   States, 
102  U.  S..  586. 

7  12  How.,  299;   92  U.  S.,  372. 


188          CONSTITUTION  OF  THE  UNITED  STATES. 

commerce  or  revenue  to  the  ports  of  one  State  over 
those  of  another  ;  nor  shall  vessels  bound  to,  or 
from,  one  State,  be  obliged  to  enter,  clear,  or  pay 
duties  in  another.  l 

No  money  shall  be  drawn  from  the  Treasury,  but 
in  consequence  of  appropriations  made  by  law  ;  and 
a  regular  statement  and  account  of  the  receipts  and 
the  expenditures  of  all  public  money  shall  be  pub- 
lished from  time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  United 
States  :  and  no  person  holding  any  office  of  profit  or 
trust  Tinder  them,  shall,  without  the  consent  of  the 
Congress,  accept  of  any  present,  emolument,  office,  or 
title,  of  any  kind  whatever,  from  any  king,  prince,  or 
foreign  state. 

Sect.  X,  No  State  shall  enter  into  any  treaty,  alli- 
ance, or  confederation  ;  grant  letters  of  marque  and 
reprisal ;  coin  money  ;  emit  bills  of  credit ;  make  any- 
thing but  gold  and  silver  coin  a  tender  in  payment  of 
debts  ;  pass  any  bill  of  attainder,  ex  post  facto  law,  or 
law  impairing  the  oblig<Uion  of  contracts,  or  grant 
any  title  of  nobility.2 

No  State  shall,  without  the  consent  of  the  Congress, 
lay  any  imposts  or  duties  on  imports  or  exports,  ex- 
cept what  may  be  absolutely  necessary  for  executing 

1  12  How.,  299  ;  18  How.,  421 ;  94  U.  S.,  113  ;  100  U.  S.,  413  ; 
105  U  S.,  659. 

2  3  Dall..  386  ;  6  Cr.,  87  ;  7  Cr.,  164  ;  4  Wh.,  122,  209,  518;  5 
Wh.,  420  ;  6  Wh.,  131  ;  8  Wh.,  1 ;  12  Wh.,  213,  370  ;  2  Pet.,  380  ; 
3  Pet.,  280  ;  4  Pet.,  410,  514  ;  8  Pet.,  40,  88,  281  ;  9  Pet.,  329  ;  11 
ret.,  257,  420  ;  16  Pet.,  281 ;  1  How.,  311 ;  2  How.,  608  ;  3  How., 
]33,  534,  720  ;  5  How.,  295  ;  6  How.,  301,  607  ;  7  How  ,  279  ;  10 
How..  190,  218,  395,  402;  13  How.,  12,  71  ;  14  How.,  268  ;  15  How., 
304  ;  16  How.,  369  ;  17  How.,  456  ;  18  How.,  331  ;  20  How.,  627  ; 
22How.,  364;  24  How.,  300.  461;  1  Black.,  436,  474  ;  2  Black, 
448,  510;  1  Wall.,  116  ;  2  Wall.,  10;  3  Wall.,  51,  210  ;  4  Wall., 
172,  177,  277,  333,  535 ;  7  Wall.,  487  ;  8  Wall  ,  44,  430,  439,  575, 
695,  603;  9  Wall.,  35  ;  10  Wall.,  511  ;12  Wall.,  457;  13  Wall.,  68,190, 
264,  373,  646,  (-54  ;  15  Wall.,  195,  300,  454,  460,  478  500,  610;  16 
Wall.,  244,  314;  17  Wall.,  59(5;  19  Wall.,  1,  526  ;  20  Wall.,  36  ;  21 
Wall.,  196,  2*9  ;  91  U.S.,  3  ;  92  U.  S.,  631 ;  93  U.  S.,  116,  595 ;  96 
U  S.,  432,  595  ;  97  U.  S.,  454 ;  98  U.  S.,  359  ;  101  U.  S.,  203,  337, 
791,814,  832;  103  U.  S.,  5,  714  ;  105  U.  S.,  622,  13;  107  U.  S., 
221  ;  109  U.  S.,  285,  401  ;  111  U  S.,  716. 


CONSTITUTION  OF  THE  UNITED  STATES.  189 

its  inspection  laws  •  and  the  net  produce  of  all  duties 
and  imposts,  laid  by  any  State  on  imports  or  exports, 
shall  be  for  the  use  of  the  Treasury  of  the  United 
States  ;  and  all  such  laws  shall  be  subject  to  the  re- 
vision and  control  of  the  Congress.  > 

No  State  shall,  without  the  consent  of  Congress,  lay 
any  duty  or  tonnage,  keep  troops,  or  ships  of  war  in 
time  of  peace,  enter  into  any  agreement  or  compact 
with  another  State,  or  with  a  foreign  power,  or  engage 
in  war,  unless  actually  invaded,  or  in  such  imminent 
danger  as  will  not  admit  of  delay.  2 

ARTICLE  II. 

Section  I.  The  executive  power  shall  be  vested  in 
a  President  of  the  United  States  of  America.  He  shall 
hold  his  office  during  the  term  of  four  years,  and,  to- 
gether with  the  Vice-President,  chosen  for  the  same 
term,  be  elected  as  follows  : 

Each  State  shall  appoint,  in  such  manner  as  the 
legislature  thereof  may  direct,  a  number  of  electors 
equal  to  the  whole  number  of  Senators  and  Represent- 
atives to  which  the  State  may  be  entitled  in  the  Con- 
gress :  but  no  Senator  or  Representative,  or  person 
holding  an  office  of  trust  or  profit  under  the 'United 
States,  shall  be  appointed  an  elector.3 

[The  electors  shall  meet  in  their  respective  States, 
and  vote  by  ballot  for  two  persons,  of  whom  one  at 
least  shall  not  be  an  inhabitant  of  the  same  State  with 
themselves.  And  they  shall  make  a  list  of  all  the  per- 
sons voted  for,  and  of  the  number  of  votes  for  each ; 
which  list  they  shall  sign  and  certify,  and  transmit 
sealed  to  the  seat  of  the  Government  of  the  United 

1  4Wh.,  316;  9  Wh.f  1  ;  12  Wh.,  419  ;  8  How  ,  490  ;  12  How., 
299  ;  24  How.,  169  ;  License  Tax  Cases,  5  Wall.,  462  ;  6  Wall..  35; 
8  Wall.,  110,  123,  148  ;  12  Wall.,  204  ;  State  Tax  on  Railway 
Gross  Receipts,  15  Wall.,  284  ;  94  U.  S  ,  238  ;  95  U.  S.,  80  ;  97 
U.  S.,  566 ;  107  U  S.,  59  ;  114  U  S  ,  622. 

2  8  Wh.,  1 ;  11  Pet.,  185  •  12  How.,  299  ;  19  Wall.,  581  ;  20  Wall., 
577  ;  94  U.  S.,  238  ;  95  U.  S.,  80  ;  100  U.  S.,  423,  430  ;  105  U.  S., 
559. 

3  2  Ball.,  419  ;  20  How.,  176  ;  100  U.  S.,  271. 


190  CONSTITUTION  OF  THE  UNITED  STATES. 

States,  directed  to  the  President  of  the  Senate.  The 
President  of  the  .Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  JiepresentMtives,  open  all  the  cer- 
tificates, and  ihe  votes  shall  then  be  counted.  The 
person  having  the  greatest  number  of  votes  shall  be  the 
President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed  ;  and  if  there  be  more 
than  one  who  have  such  majority,  and  have  an  equal 
number  of  votes,  then  the  House  of  Representatives 
shall  immediately  choose  by  ballot  one  of  i hem  for 
President  ;  and  if  no  person  have  a  majority,  then 
from  the  five  highest  on  the  list  the  said  House  shall 
in  like  manner  choose  the  President.  liut  in  choosing 
the  President,  the  votes  shall  be  taken  by  Sta'es.  the 
representation  from  each  State  having  one  vote  ;  a  quo- 
rum for  this  purpose  shall  consist  of  a  member  or 
members  from  two-thirds  of  the  States,  and  a  majority 
of  all  the  States  shall  be  necessary  to  a  choice.  In 
every  case,  after  the  choice  of  the  President,  the  person 
having  the  greatest  number  of  votes  of  the  electors 
shall  be  the  Vice-president.  But  if  there  should  re- 
main two  or  more  who  have  equal  votes,  the  Senate 
shall  choose  from  them  by  ballot  the  Vice-President.]1 

The  Congress  may  del  ermine  the  time  of  choosing 
the  elec'ors,  and  the  day  on  which  they  shall  give  their 
votes  ;  which  day  shall  be  the  same  throughout  the 
U tiited  States. 

No  person  except  a  natural-born  citizen,  or  a  citizen 
of  the  United  States,  at  the  time  of  tbe  adoption  of  this 
Constitution,  shall  be  eligible  to  the  office  of  Presi- 
dent ;  neither  shall  any  person  be  eligible  to  that  of- 
iic  )  who  shall  not  have  attain-  d  the  age  of  thirty-five 
years,  and  been  fourteen  y<  ars  a  resident  witbin  the 
United  States.2 

In  case  of  the  removal  of  the  President  from  office 
or  of  his  death,  resignation,  or  inability  to  discharge 
the  powers  and  duties  of  the  said  office,  the  same  shall 
devolve  on  the  Vice-President,  and  the  Congress  may 

1  This  clause  in  brackets  lias  been  superseded  by  the  Xllth 
Amendment. 

2  English  v.  Trustees  of  Sailors'  Snug  Harbor,  3 Pet.,  89. 


CONSTITUTION  OF  THE  UNITED  STATES.         191 

by  law  provide  for  the  case  of  removal,  death,  resigna- 
tion or  inability,  both  of  the  President  and  Vice-PrcS- 
iclent,  declaring  what  officer  shall  then  act  as  Prt si- 
dent,  and  such  officer  shall  act  accordingly,  until  the 
disability  be  removed,  or  a  President  shallbe  elected. 

The  President  shall,  at  stated  times,  receive  for  bis 
services  a  compensation,  which  shall  neither  be  in- 
creased nor  diminished  during  the  period  for  which 
he  shall  have  been  elected,  and  he  shall  not  receive 
within  that  period  any  other  emolument  from  the 
United  States,  or  any  of  them. 

Before  he  enter  on  the  execution  of  his  office,  he 
shall  take  the  following  oath  or  affirmation  : 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faith- 
fully execute  the  office  of  President  of  the  United 
States,  and  will  to  the  best  of  my  ability,  preserve, 
protect  and  defend  the  Constitution  of  the  United 
States." 

Sect.  II,  The  President  shall  be  Commander-in- 
Clnef  of  the  Army  and  Navy  of  the  United  States,  and 
ot  the  militia  of  the  several  States,  when  called  into 
actual  service  of  the  United  States  ;  he  may  require 
the  opinion,  in  writing,  of  the  principal  officer  in 
each  of  the  executive  departments,  upon  anv  subject 
relating  to  the  duties  of  their  respective  offices,  nnd 
he  shall  have  power  to  grant  reprieves  and  pardouy 
for  offences  against  the  United  States,  except  in  cases 
of  impeachment.  l 

He  shall  have  power,  by  and  with  the  advice  and 
consent  of  the  Senate,  to 'make  treaties,  provided  two 
thirds  of  the  Senators  present  concur ;  and  he  shall 
nominate,  and  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  ambassadors,  other  public 
ministers  and  consuls,  judges  of  the  Supreme  Court, 
and  all  other  officers  of  the  United  States,  whose  ap- 
pointments are  not  herein  other  wise  provided  for,  and 
which  shall  be  established  by  law  ;  but  the  Congress 
may  by  law  vest  the  appointment  of  such  inferior 

i  7  Pet.,  150;  18  How.,  307;  4  Wall.,  333;  6  Wall..  766  ;  9 
Wall.,  129,542;  13  Wall.,  128,  152,  156;  21  Wall.,  73;  22  Wall., 
276  ;  92  U.  S.,  187,  202. 


192          CONSTITUTION  OF  THE  UNITED  STATES. 

officers,  as  they  think  proper,  in  the  President  alone, 
in  the  courts  of  laws,  or  in  the  heads  of  departments.  l 

The  President  shall  have  power  to  fill  up  all  vacan- 
cies that  may  happen  during  the  recess  of  the  Senate, 
by  granting  commissions  which  shall  expire  at  the  end 
of  their  next  session.  2 

Sect.  III.  He  shall  from  time  to  time  give  to  the 
Congress  information  of  the  state  of  the  Union,  and 
recommend  to  their  consideration  such  measures  as 
he  shall  judge  necessary  and  expedient  ;  he  may,  on 
extraordinary  occasions,  convene  both  houses,  or 
either  of  them,  and  in  case  of  disagreement  between 
them,  with  respect  to  the  time  of  adjournment,  he 
may  adjourn  them  to  such  time  as  he  shall  think 
proper  ;  he  shall  receive  ambassadors  and  other  pub- 
lic ministers ;  he  shall  take  care  that  the  laws  be 
faithfully  executed,  and  shall  commission  all  the 
officers  of  the  United  States.  3 

Sect  IV.  The  President,  Vice-President  and  all 
civil  officers  of  the  United  States,  shall  be  removed 
from  office  on  impeachment  for,  and  conviction  of, 
treason,  bribery,  or  other  high  crimes  and  misde- 
meanors. 

ARTICLE  III. 

Section  I.  The  judicial  power  of  the  United  States, 
shall  be  vested  in  one  Supreme  Court,  and  in  such  in- 
ferior courts  ns  the  Congress  may  from  time  to  time 
ordain  and  establish.  The  judges,  both  of  the  Su- 
preme and  inferior  courts,  shall  hold  their  offices  dur- 
ing good  behavior,  and  shall,  at  stated  times,  receive 
for  their  services,  a  compensation,  which  shall  not  be 
diminished  during  their  continuance  in  office.4 

Sect.  II.  The  judicial  power  shall  extr  nd  to  all  cases, 

13  Ball.,  199;  1  Cr.,  137;  9  Wh..  720;  1  Pet.  511;  2  Pet., 
253  ;  5  Pet  .  1.  233  ;  6  Pet..  515  ;  9  Pet,  224  :  17  Wall.,  211. 

2  United  States  v.  Kirkpatrick.  P  Wh.,  720. 

3Cr.,137;  12  Pet.,  524;  7  How.,  1;  4  Wall.,  475;  11  Wall., 
493 

4  2  Dall.,  419  ;  1  Cr.,  299  ;  5  Cr  ,  115  ;  6  Cr.,  264  ;  1  Wh.,  304  ; 
0  Wh.,  738;  9  How.,  235;  17  How.,  525;  18  How.,  272  :  1  Wall. 
243;  111  U.S.  ,449. 


CONSTITUTION  OF  THE  UNITED  STATES.          193 

in  law  and  equity,  arising  under  this  Constitution, 
the  laws  of  the  United  States,  and  treaties  made,  or 
which  shall  be  made,  under  their  authority  ;  to  all 
cases  affecting  ambassadors,  other  public  ministers, 
and  consuls  ;  to  all  cases  of  admiralty,  and  maritime 
jurisdiction  ;  to  controversies  to  which  the  United 
States  shall  be  a  party  ;  to  controversies  between  two 
or  more  States  ;  between  a  State  and  citizens  of 
another  State  ;  between  citizens  of  different  States — 
between  citizens  of  the  same  State  claiming  lands  un- 
der grants  of  different  States,  and  between  a  State,  or 
the  citizens  thereof,  and  foreign  states,  citizens,  or 
subjects.  l 

In  all  cases  affecting  ambassadors,  other  public 
ministers  and  consuls,  and  those  in  which  a  State  shall 
be  a  party,  the  Supreme  Court  shall  have  original 
jurisdiction.  In  all  the  other  cases  before  mentioned, 
the  Supreme  Court  shall  have  appellate  jurisdiction, 
both  as  to  law  and  fact,  with  such  exceptions,  and  un- 
der such  regulations  as  the  Congress  shall  make.  2 

The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  by  jury  ;  and  such  trial  shall  be  held 
in  the  State  where  the  said  crimes  shall  have  been 
committed ;  but  when  not  committed  within  any 

1  2  Dall.,  410,  419  ;  3  Dall.,  6,  297,  378  ;  4  Ball.,  12  ;  1  Cr., 
137  ;  2  Cr.,  444;  3  Cr..  159.  267  ;  4  Cr.,  75,  241  305  ;  5  Cr  ,  57. 
61.  303,  344  ;  6  Cr.,  307  ;  7  Cr.,  32  ;  1  Wh.,  304  ;  2  Wh.,  377  ;  3 
Wh.,  336  ;  0  Wh.,  264  ;  7  Wh  ,  38,  164  ;  9  Wh.,  738  ;  11  Wh  ,  467  ; 

I  Pet.,  511  ;  2  Pet.,  136  ;  5  Pet.,  1.  283  ;  6  Pet.,  41,  691 ;  7  Pet., 
276,  413  ;  8  Pet.,  112,  312  ;  9  Pet.,  224  ;  12  Pet.,  657  ;  13  Pet., 
519;  14  Pet,  CO,  67  ;  16  Pet.,  529  ;  2  How.,  497  ;  3  How.,  236; 
5  How.,  441  ;  7  How  ,  1  ;  8  How.,  441  ;  12  How.,  443,  466  ;  13 
How.,  268,  518  ;  16  How.,  314  ;  17  How.  284  ;  18  How.,  71,  76, 
272  ;  CO  How.,  170,  558  ;  21  How.,  481  ;  23  How.,  491  ;  24  How., 
66  ;  1  Black  ,  286,  522.  574  ;  1  Wall.,  243  ;  4  Wall.,  1,  411,  475. 
555  ;  5  Wall.,  720  ;  (5  Wall..  50  ;  7  Wall.,  425,  571  ;  8  Wall.,  85  • 

II  Wall.,  1,  39.  172;  13W7all.,  270,397,581;  16  Wall.,  203;  18 
Wall  ,  553  ;  20.  Wall.,  445  r  21  Wall..  41,  528  ;  92  U.  S.,  10  ;  94  U. 
S.,  444.  535;  100  U.  S.,257. 

2  2  Dall.,  419;  3  Dall.,  321;  1  Cr..  137;  6  Cr..  307  ;  1  Wh., 
*304  ;  6  Wh..  234  ;  7  Wh.,  38  ;  10  Wh.,  1,  51  ;  11  Wh,,  467  ;  5  Pet. 

1,  189,  2F3  ;  12  Pet,  48H,  657  ;  13  How.,  518  ;  14  How..  103  ;  21 
How.,  506  ;  2  Wall.,  160  ;  6  Wall.,  318  ;  7  Wall.,  506  ;  8  Wall.,  85, 
307  ;  9  Wall.,  274  ;  10  Wall.,  553  ;  20  Wall.,  590  ;  111  U.  S., 
252, 449. 


194         CONSTITUTION  OF  THE  UNITED  STATES, 

State,  the  trial  shall  be  at  such  place  or  places  as  the 
Congress  may  by  law  have  directed.  l 

Sect,  HI.  Treason  against  the  United  Stales,  shall 
consist  only  in  levying  war  against  them,  or  in  adher- 
ing to  their  enemies,  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or 
on  confession  in  open  court.  2 

The  Congress  shall  have  power  to  declare  the  pun- 
ishment of  treason,  but  no  attainder  of  treason  shall 
work  corruption  of  blood,  or  forfeiture,  except  during 
the  life  of  the  person  attainted.  3 

AETICLE   IV. 

Section  L  Full  faith  and  credit  shall  be  given  in 
each  State  to  the  public  acts,  records,  and  judicial 
proceedings  of  every.  other  State.  And  the  Congress 
may  by  general  laws  prescribe  the  manner  in  which 
such  acts,  records  and  proceedings  shall  be  proved, 
and  the  effect  thereof.  4 

Sect,  II.  The  citizens  of  each  State  shall  be  entitled 
to  all  privileges  and  immunities  of  citizens  in  the 
several  States.  6 

A  person  charged  in  any  State  with  treason,  felony, 
or  other  crime,  who  shall  flee  from  justice,  and  be 
found  in  another  State,  shall  on  demand  of  the  execu- 
tive authority  of  the  State  from  which  he  fled,  be  de- 
livered up,  to  be  removed  to  the  State  having  juris- 
diction of  the  crime.  6 

No  person  held  to  service  or  labor  in  one  State,  un- 


-D,  4  Wall.,  2. 

2  2  Ball.,  335,  348  ;  4  Cr  ,  75,  469. 

3  9  Wall.,  339  ;  18  Wall.,  1F-6,  163  ;  92  U.  8.,  202. 

4  7  Cr  ,  481  ;  3  Wh  ,  234  ;  6  Wh.,  329  ;  10  Wh.,  465  ;  11  Wb., 
392  ;  9  Pet.,  86  ;  13  Pet..  312,  519  ;  9  How.,  522  :  11  How.,  165  ; 
5  Wall.,  290;  7  Wall.,  139;  8  Wall.,  168;  17  Wall.,  521;  18 
Wall.,  457  ;  104  U.  S.,  592. 

5  5  Cr.,  61,  761  ;  12  Pet.,  657  ;  13  Pet.,  519  ;  14  How.,  13  ;  18 
How.,  591  ;  19  How.,  393  ;  6  Wall..  35  ;  8  Wall.,  123,  168  ;  10 
Wall.,  173,  566  ;  12  Wall.,  418  ;  16  Wa  L,  36,  130  ;  93  U.  S  ,  72  ; 
94  U.  S.,  391  ;  114  U.  S.,  622. 

6  14  Pet.,  540  ;  24  How.,  66  ;  16  Wall.,  366. 


^CONSTITUTION  OF  THE  UNITED  STATES.          195 

der  the  laws  thereof,  escaping  into  another,  shall,  in 
consequence  of  any  law  or  regulation  therein,  be  dis- 
charged from  such  service  or  labor,  but  shall  be  de- 
livered up  on  claim  of  the  party  to  whom  such  service 
or  labor  may  be  due.  l 

Sect.  III.  New  States  may  be  admitted  by  the  Con- 
gress into  this  Union  ;  but  no  new  State  shall  be 
formed  or  erected  within  the  jurisdiction  of  any  other 
State  ;  nor  any  State  be  formed  by  the  junction  of  two 
or  more  States,  or  parts  of  States,  without  the  consent 
of  the  legislatures  of  the  States  concerned  as  well  as 
of  the  Congress.  2 

The  Congress  shall  have  power  to  dispose  of  and 
make  all  needful  rules  and  regulations  respecting  the 
territory  or  other  property  belonging  to  the  United 
States  ;  and  nothing  in  this  Constitution  shall  be  so 
construed  as  to  prejudice  any  claims  of  the  United 
States,  or  of  any  particular  State.  3 

Sect.  IV.  The  United  States  shall  guarantee  to  every 
State  in  this  Union  a  republican  form  of  government, 
and  shall  protect  each  of  them  against  invasion  ;  and 
on  application  of  the  legislature,  or  of  the  executive 
(when  the  legislature  cannot  be  convened)  against 
domestic  violence.  4 

ARTICLE   Y. 

The  Congress,  whenever  two-thirds  of  both  houses 
shall  deem  it  necessary,  shall  propose  amendments  to 
this  Constitution,  or,  on  the  application  of  the  legis- 
latures of  two-thirds  of  the  several  States,  sh;ill  call  a 
convention  for  proposing  amendments,  which,  in 
either  case,  shall  be  valid  to  all  intents  and  purposes, 
as  part  of  this  Constitution,  when  ratified  by  the  legis- 
latures of  three-fourths  of  the  several  States,  or  by 

1  16  Pet.,  539  ;  6  How.,  215  ;  10  How.,  82  ;  14  How.,  13  ;  19 
How.,  393  ;  21  How.,  506. 

2  1  Pet.,  511 ;  3  How.,  212  ;  16  How.,  164. 

3  4  Wh.,  316  ;  1  Pet.,  511 ;  14  Pet.,  526  ;  4  How.,  567  ;  16  How,, 
164 ;  18  How.,  100  ;  13  How.,  92,  434  ;  16  How.,  535. 

*  Luther  v.  Borden,  7  How.,  1  ;  Texas  v.  White,  7  Wall.,  700. 


196         CONSTITUTION  OF  THE  UNITED  STATES. 

conventions  in  three-fourths  thereof,  as  the  one  or  the 
other  mode  of  ratification  maybe  proposed  by  the 
Congress  ;  provided  that  no  amendments  which  may 
be  made  prior  to  the  year  one  thousand  eight  hnndre  1 
and  eight  shall  in  any  manner  affect  the  rirst  an  -I 
fourth  clauses  in  the  ninth  section  of  the  first  arti-'l-  ; 
and  that  no  State,  without  its  consent,  shall  betu- 
prived  of  its  equal  suffrage  in  the  Senate. 

ARTICLE    VI. 

All  debts  contracted  and  engagements  entered  into, 
before  the  adoption  of  this  Constitution,  shall  he  a-; 
valid  against  the  United  States  under  this  Constitu- 
tion, as  under  the  Confederation. 

This  Constitution,  and  the  lawsof  theUnited  States 
which  shall  be  made  in  pursuance  thereof;  and  all 
Treaties  made,  or  which  shall  be  made,  under  the 
authority  of  the  United  States.  Khali  be  the  supreme 
law  of  the  land  ;  and  the  judges  in  every  Stat«i  shall 
be  bound  thereby,  anything  in  the  constituted  or 
laws  of  any  State  to  the  contrary  notwithstanding.  » 

The  Senators  and  Representatives  before  men- 
tioned, and  the  members  of  the  several  State  legi^la- 
tures,  and  all  executive  and  judicial  officers,  both  of 
the  United  States  and  of  the  several  States,  shall  be 
bound  by  oath  or  affirmation,  to  support  this  Consti- 
tution ;  but  no  religious  test  shall  ever  be  required  as 
a  qualification  to  any  office  or  public  trust  under  the 
United  States.  2 

ARTICLE    VII. 

The  ratification  of  the  conventions  of  nine  States, 
shall  be  sufficient  for  the  establishment  of  this  Con- 
stitution between  the  States  so  ratifying  the  same.  3 

1  2  Ball.,  409  ;  3  Dall.,  199,  336  ;  1  Or.,  137  ;  2  Wh.,  259  ;   4  Wh  , 
316;  8  Wh  ,  461;  9  Wh.,  1;  2  Pet.,  253.586;  6 Pet.,  515;  It  How., 
38 ;  18  How.,  331 ;  21  How  ,  366,  500  ;  22  How.,  227,  244  ;  9  Wall  , 
32. 

2  Expartf  Garland.  4  Wall.,  333. 

3  The  text,  and  punctuation,  of   the  Constitution,  as   above, 
conform  to  the  document  in   the  custody  of  the  State  Depart- 
ment. 


CONSTITUTION  OF  THE  UNITED  STATES.  197 


AKTICLES  IN  ADDITION  TO,  AND  AMENDMENT  OF,  THE 
CONSTITUTION  OF  THE  UNITED  STATES  OF  AMERICA, 
PROPOSED  BY  CONGRESS,  AND  RATIFIED  BY  THE  LEGIS- 
LATURES OF  THE  SEVERAL  STATES  PURSUANT  TO  THE 
FIFTH  ARTICLE  OF  THE  ORIGINAL  CONSTITUTION.  l 


ARTICLE    I. 

Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  there- 
of ;  or  abridging  the  freedom  of  speech,  or  of  tl  e 
press  ;  or  the  right  of  the  people  peaceably  to  assem- 
ble, and  to  petition  the  Government  for  u  redress  of 
grievances.  2 

ARTICLE    II. 

A  well-regulated  militia,  being  ne  -essary  to  the  se- 
curity of  a  free  State,  the  right  of  the  people  to  keep 
and  bear  arms,  shall  not  be  infringed. 

ARTICLE    III. 

No  soldier  shall,  in  time  of  peace  be  quartered  in 
any  house,  without  the  consent  of  the  owner,  nor  in 
the  time  of  war,  but  m  a  manner  to  be  prescribed  by 
law. 

ARTICLE   IV. 

The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers,  and  effects,  against  unreason- 
able searches  and  seizures,  shall  not  be  violated,  and 

^Vl>      ...     ..      -       '• 

1  The  first    teu   amendments   to   the  Constitution    were  pro- 
posed to  the  legislatures  of  the  several  States  by  the  First  Cou- 
gress,  on  the  25th  of  September.  1789,  and  were  ratified  by  the 
States  between  that  date  and  December  15,  1791.      There  is  no 
evidence  on  the  journals  of  Congress  that   the  legislatures  of 
Connecticut  Georgia,  and  Massachusetts  ratified  them. 

2  9  Cr.,  43  ;  2  How.,  127  ;  4  Wall.,  333  ;    92  U.  8.,  542  ;  98  U,  S., 


198         CONSTITUTION  OF  THE  UNITED  STATES. 

no  warrants  shall  issue,  but  upon  probable  cause, 
supported  by  oath  or  affirmation,  and  particularly  de- 
scribing the  place  to  be  searched,  and  the  person  or 
things  to  be  seized.  J 

ARTICLE    V. 

No  person  shall  be  held  to  answer  for  a  capital,  or 
otherwise  infamous  crime,  unless  on  a  presentment  or 
indictment  of  a  grand  jury,  except  in  cases  arising  in 
the  land  or  naval  forces,  or  in  the  militia,  when  in  ac- 
tual service  in  time  of  war  or  public  danger  ;  nor  shall 
any  person  be  subject  for  the  same  offence  to  be  twice 
put  in  jeopardy  of  life  or  limb  ;  nor  shall  be  compelled 
in  any  criminal  case  to  ba  a  witness  against  himself, 
nor  be  deprived  of  life,  liberty,  or  property,  without 
due  process  of  law  ;  nor  shall  private  property  be 
taken  for  public  use,  without  just  compensation.  2 

ARTICLE   VI. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy 
the  right  to  a  speedy  an  1  public  trial,  by  an  impartial 
jury  of  the  State  and  district  wherein  the  crime  shall 
have  been  committed,  which  district  shall  have  been 
previously  ascertained  by  law,  ancl  to  be  informed  of 
the  nature  and  cause  of  the  accusation  ;  to  be  con- 
fronted with  the  witnesses  against  him  ;  to  have  com- 
pulsory process  for  obtaining  witnesses  in  his  favor 
and  to  have  the  assistance  of  counsel  for  his  defence. 3 

ARTICLE    VII. 

In  suits  at  common  law,  where  the  value  in  contro- 
versy shall  exceed  twenty  dollars,  the  right  of  trial  by 

1  18  How.,  71,  572  ;  4  Wall.,  2. 

2  9  Wh.,  579  ;  7  Pet.,  243  ;  5  How..  410  ;  6  How.,  507  ;  13  How.. 
115  ;  14  How..  13;  18  How.,  272  ;  20  How..  65  84;  2  Black,  510; 
4  Wall.,  2  ;  7  Wall.,  321  ;  8  Wall..  603  :  11  Wall.,  268;  ]2  Wall., 
457  ;  13  Wall.,  166,  6S4  ;  18  Wall.,  163  ;  91  U.  S.,  367  ;  114  U  S. 
417. 

3  ]  Wh.,  412  ;  7  Wh.,  33  ;  7  Pet..  142,  243  ;  5  How.,  410  :  20 
How..  84;  4  Wall.  2;  7  Wall..  321 ;  11  Wall.,  268;  17  Wall,,  168; 
92  U.  S.,  542. 


CONSTITUTION  OF  THE  UNITED  STATES.         199 

jury  shall  be  preserved,  nnd  no  fact  tried  by  a  jury 
shall  be  otherwise  re-examined  in  any  court  of  the 
United  States,  than  according  to  the  rules  of  the  com- 
mon law.  » 

ARTICLE   VIII. 

Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishment  in- 
flicted. 2 

ARTICLE   IX. 

The  enumeration  in  the  Constitution,  of  certain 
rights,  shall  not  be  construed  to  deny  or  disparage 
others  retained  by  the  people.  3 

ARTICLE    X. 

The  powers  not  delegated  to  the  United  States  by 
the  Constitution,  nor  prohibited  by  it  to  the  States, 
are  reserved  to  the  States  respectively,  or  to  the 
people,  4 

ARTICLE   XI. 

The  judicial  power  of  the  United  States  shall  not 
be  construed  to  extend  to  any  suit  in  law  or  equity, 
commenced  or  prosecuted  against  one  of  the  United 
States  by  citizens  of  another  State,  or  by  citizens  or 
subjects  of  any  foreign  state.5 

1  3  Dall.,  297  ;  4  Wh.,  235  ;  3  Pet.,  433  ;    7  Pet.,  469  ;    11   How., 
437 ;    13  How.,  518  ;    9  Wall.,  274 ;    21  Wall.,  532  ;    92  U.  S.,  294 ; 
102  U  S.,  426. 

2  Pervear  v.  Commonwealth,  5  Wall.,  475. 

3  Lessee  of  Livingston  v.  Moore,  7  Pet.,  469. 

4  2  Ball.,    419  ;    3   Ball.,   378  ;  1  Wh.,  304  ;   4  Wh.,  316  ;  6  Wh  , 
204,  264  ;  9  Wh.,  738  ;  2  Pet.,  586  ;    21  How.,  506  ;    11  Wall.,  113 ; 
93  U.S.,  130:  9t  U.  S.,  238 

6  2  Dall.,  402,  419  ;  3  Ball.,  378  ;  6  Wh..  264  ;  9  Wh..  738,  904 ; 
1  Pet.,  110 ;  5  Pet  ,  1 ;  11  Pet.,  257  ;  15  How.,  304  ;  108  U.  8.,  76; 
114  U.  S.,  270. 

The  Eleventh  Amendment  was  proposed  to  the  legislatures 
of  the  several  States  by  the  Third  Congress,  on  the  5th  of  Sep- 
tember, 1794  ;  and  was  declared  in  a  message  from  the  Presi- 
dent to  Congress,  dated  the  8th  of  January.  1798,  to  have  been 
ratified  by  the  legislatures  of  three-fourths  of  the  States. 


200          CONSTITUTION  OF  THE  UNITED  STATES. 

ARTICLE    XII. 

The  electors  shall  meet  in  their  respective  States, 
and  vote  by  ballot  for  President  and  Vice-President, 
one  of  whom,  at  least,  shall  not  be  an  inhabitant  of 
the  same  State  with  themselves  ;  they  shall  name  in 
their  ballots  the  person  voted  for  as  President,  and  in 
distinct  ballots  the  person  voted  for  as  Vice-Presi- 
deut,  and  they  shall  make  distinct  lists  of  all  persons 
voted  for  as  President,  and  of  all  persons  voted  for  as 
Vice-President,  and  of  the  number  of  votes  for  each, 
which  lists  they  shall  sign  and  certify,  and  transmit 
sealed  to  the  seat  of  the  government  of  the  United 
St  ites,  directed  tothe  President  of  the  Senate  ; — The 
President  of  _the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the 
certificates  and  the  votes  shall  then  be  counted  ; — The 
person  having  the  greatest  number  of  votes  for  Presi- 
dent, shall  be  the  President,  if  such  number  be  a  ma- 
jority of  the  whole  number  of  electors  appointed  ;  and 
if  no  person  have  such  majority,  then  from  the  per- 
sons having  the  highest  numbers  not  exceeding  three 
on  the  list  of  those  voted  for  as  President,  the  House 
of  Representatives  shall  choose  immediately,  by  bal- 
lot, the  President.  But  in  choosing  the  President, 
the  votes  shall  be  taken  by  States,  the  representation 
from  each  State  having  one  vote  ;  a  quorum  for  this 
purpose  shall  consist  of  a  member  or  members  from 
two  thirds  of  the  States,  and  a  majority  of  all  the 
States  shall  be  necessary  to  a  choice.  And  if  the 
House  of  Representatives  shall  not  choose  a  President 
whenever  the  right  of  choice  shall  devolve  upon  them, 
before  the  fourth  day  of  March  next  following,  th^n 
the  Vice-President  shall  act  as  President,  as  in  the 
case  of  the  death  or  other  constitutional  disability  of 
the  President. 

The  person  having  the  greatest  number  of  votes  as 
Vice-President,  shall  be  the  Vice-President,  if  such 
number  be  a  majority  of  the  whole  number  of  electors 
appointed,  and  if  no  person  have  a  majority,  then 
from  the  two  highest  numbers  on  the  list,  the  Senate 
shall  choose  the  Vice-President ;  a  quorum  for  the 


CONSTITUTION  OF  THE  UNITED  STATES.          201 

purpose  shall  consist  of  two  thirds  of  the  whole  num- 
ber of  Senators,  and  a  majority  of  the  whole  number 
shall  be  necessary  to  a  choice.  But  no  person  consti- 
tutionally ineligible  to  the  office  of  President  shall  be 
eligible  to  that  of  Vice-President  of  the  United 
States.  J 

ARTICLE   XIII. 

Section  1.  Neither  slavery  nor  involuntary  servi- 
tude, except  as  a  punishment  for  crime  whereof  the 
party  shall'have  been  duly  convicted,  shall  exist  with- 
in the  United  States,  or  any  place  subject  to  their  ju- 
risdiction. 

Sect.  II.  Congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation.2 

ARTICLE   XIV. 

Section  I,  All  persons  born  or  naturalized  in  the 
United  States,  and  subject  to  the  jurisdiction  thereof, 
are  citizens  of  the  United  States  and  of  the  State 
wherein  they  reside.  No  State  shall  make  or  enforce 
any  law  which  shall  abridge  the  privileges  or  immu- 
nities of  citizens  of  the  United  States  ;  nor  shall  any 
State  deprive  a'ny  person  of  life,  liberty,  or  property, 
without  due  process  of  law  ;  nor  deny  to  any  person 

i  The  Twelfth  Amendment  was  proposed  to  the  legislatures 
of  the  several  States  by  the  Eighth  Congress,  on  the  12th  of 
December,  1803,  in  lieu  of  the  original  third  paragraph  of  Sec- 
tion I.  of  Article  II.,  and  was  declared  in  a  proclamation  of  the 
Secretary  of  State,  dated  the  25th  of  September,  1804,  to  have 
been  ratified  by  the  legislatures  of  three-fourths  of  the  States. 

219  How.,  393;  13  Wall,,  646,  654;  16  Wall.,  36;  100  U.  S., 
339 ;  109  U.  S  ,  3. 

The  Thirteenth  Amendment  was  proposed  to  the  legislatures 
of  the  several  States  by  the  Thirty-eighth  Congress,  on  the  1st 
of  Pebruary,  1865,  and  was  declared,  in  a  proclamation  of  the 
Secretary  of  State,  dated  the  18th  of  December,  1865  to  have 
been  ratified  by  the  legislatures  of  twenty -seven  of  the  thirty- 
six  States,  viz.  :  Illinois,  Khode  Island,  Michigan,  Maryland, 
New  York,  West  Virginia,  Maine,  Kansas,  Massachusetts.  Penn- 
sylvania, Virginia,  Ohio,  Missouri,  Nevada,  Indiana,  Louisiana, 
Minnesota,  Wisconsin,  Vermont,  Tennessee,  Arkansas,  Con- 
necticut, New  Hampshire,  South  Carolina,  Alabama,  North 
Carolina,  and  Georgia. 


202         CONSTITUTION  OF  THE  UNITED  STATES. 

within  its  jurisdiction  the  equal  protection  of  the 
laws.  * 

Sect.  II.  Eepresentatives  shall  be  apportioned 
among  the  several  States  according  to  their  respective 
numbers,  counting  the  whole  number  of  persons  in 
each  State,  excluding  Indians  not  taxed.  But  when  the 
right  lo  vote  at  any  election  for  the  choice  of  electors 
for  President  and  Vice-President  of  the  United  States, 
Representatives  in  Congress,  the  executive  and  ju- 
dicial officers  of  the  State,  or  the  members  of  the 
legislature  thereof,  is  denied  to  any  of  the  male  in- 
habitants of  such  State,  being  twenty-one  years  of 
age,  and  citizens  of  the  United  States,  or  in  any  way 
abridged,  except  for  participation  in  rebellion,  or 
other  crime,  the  basis  of  representation  therein  shall 
be  reduced  in  the  proportion  which  the*  number  of 
such  male  citizens  shall  bear  to  the  whole  number  of 
male  citizens  twenty-one  years  of  age  in  such  State. 

Sect.  III.  No  person  shall  be  a  Senator  or  Repre- 
sentative in  Congress,  or  elector  of  President  and 
Vice-President,  or  hold  any  office,  civil  or  military, 
tinder  the  United  States,  or  under  any  State,  who, 
having  previously  taken  an  oath,  as  a  member  of  Con- 
gress, or  as  an  officer  of  the  United  States,  or  as  a 
member  of  any  State  legislature,  or  as  an  executive  or 
judicial  officer  of  any  State  to  support  the  Constitu- 
tion of  the  United  States,  shall  have  engaged  in  in- 
surrection or  rebellion  against  the  same,  or  given  aid 
or  comfort  to  the  enemies  thereof.  But  Congress 
may,  by  a  vote  of  two  thirds  of  each  House,  remove 
such  disability. 

Sect.  IV.  The  validity  of  the  public  debt  of  the 
United  States,  authorized  by  law,  including  debts  in- 
curred for  payment  of  pensions  and  bounties  for  ser- 
vices in  suppressing  insurrection  or  rebellion,  shall 
not  be  questioned.  But  neither  the  United  States 
nor  any  State  shall  assume  or  pay  any  debt  or  obliga- 
tion incurred  in  aid  of  insurrection  or  rebellion 

l  100  U.  S..  303,  313,  339  ;  101  U.  S.,  22  ;  109  U.  S.,  3,  285  ;  110 
U.  S.,  516 ;  111  U.  S.,  701  ;  112  U.  S.,  94  ;  113  U.  S.,  9,  27,  506 
370  ;  1U  U.  S.,  606. 


CONSTITUTION  OF  THE  UNITED  STATES.  203 

against  the  United  States  or  any  claim  for  the  loss  or 
emancipation  of  any  slave  ;  but  all  such  debts,  obliga- 
tions and  claims  shall  be  held  illegal  and  void. 

Sect.  V.  The  Congress  shall  have  power  to  enforce, 
by  appropriate  legislation,  the  provisions  of  this  ar- 
ticle. » 

ARTICLE    XV. 

Section  I.  The  right  of  citizens  of  the  United 
States  to  vote  shall  not  be  denied  or  abridged  by  the 
United  States  or  any  State  on  account  of  race,  color, 
or  previous  condition  of  servitude. 

Sect.  II.  The  Congress  shall  have  power  to  enforce 
this  article.by  appropriate  legislation.2 

l  6  Wall.,  35  ;  8  Wall.,  168  ;  12  Wall.,  418  ;  16  Wall.,  36,  130 ;  18 
Wall.,  129  ;  21  Wall.,  102  ;  92  U.  8.,  90,  480,  542  ;  94 U.  S.,  113. 

The  Fourteenth  Amendment  was  proposed  to  the  legisla- 
tures of  the  several  States  by  the  Thirty-ninth  Congress,  on 
the  16th  of  June.  1S66.  On  the  28th  of  July,  1868,  the  Secre 
tary  of  State  issued  a  proclamation  declaring  that  this  amend- 
ment had  been  ratified  by  the  legislatures  of  thirty  of  the 
thirty-six  States. 

292U.  S.  214,  542  ;  110  U.  S.,  651. 

The  Fifteenth  Amendment  was  proposed  to  the  legislatures 
of  the  several  States  by  the  Fortieth  Congress,  on  the  27th  of 
February,  1869,  and  was  declared,  in  a  proclamation  of  the 
Secretary  of  State,  dated  March  30,  1870,  to  have  been  ratified 
by  the  legislatures  of  twenty-nine  of  the  thirty-seven  States. 


204 
DECLARATION  OF  INDEPENDENCE. 


WHEN,  in  the  course  of  human  events,  it  becomes 
necessary  for  one  people  to  dissolve  the  political 
bands  which  have  connected  them  with  another,  and 
to  assume,  among  the  powers  of  the  earth,  the  sepa- 
rate and  equal  station  to  which  the  laws  of  Na- 
ture and  Nature's  God  entitle  them,  a  decent  re- 
spect to  the  opinions  of  mankind  requires  that  they 
should  declare  the  causes  which  impel  them  to  the 
separation. 

We  hold  these  truths  to  be  self-evident  ;  that  all 
men  ai  e  created  equal  ;  that  they  are  endowed  by 
their  Creator  with  certain  inalienable  rights  ;  that 
among  these  are  life,  liberty,  and  the  pursuit  of  hap- 
piness. That  to  secure  these  rights,  governments  are 
instituted  among  men,  deriving  their  just  powers  from 
the  consent  of  the  governed  ;  that  whenever  any 
form  of  government  becomes  destructive  of  these 
ends,  it  is  the  right  of  the  people  to  alter  or  to  abolish 
it,  and  to  institute  a  new  government,  laying  its  foun- 
dation on  such  principles,  and  organizing  its  powers 
in  such  form  as  to  them  shall  seem  most  likely  to 
effect  their  safety  and  happiness.  Prudence,  indeed, 
will  dictate  that  governments  long  established  should 
not  be  changed  for  light  and  transient  causes  ;  and 
accordingly  all  experience  hath  shown  that  mankind 
are  more  disposed  to  suffer,  while  evils  are  sufferable, 
than  to  right  themselves,  by  abolishing  the  forms  to 
which  they  are  accustomed.  But  when  a  long  train 
of  abuses  and  usurpations,  pursuing  invariably  the 
same  object,  evinces  a  design  to  reduce  them  under 
absolute  despotism,  it  is  their  right,  it  is  their  duty,  to 
throw  off  such  government,  and  to  provide  new  guards 
for  their  future  security.  Such  has  been  the  patient 
sufferance  of  these  colonies,  and  such  is  now  the  ne- 
cessity which  constrains  them  to  alter  their  former 
systems  of  government.  The  history  of  the  present 
king  of  Great  Britain  is  a  history  of  repeated  injuries 
and  usurpations,  all  having  in  direct  object  the  estab- 


DECLAKATION  OF  INDEPENDENCE.       205 

lishment  of  an  absolute  tyranny  over  these  States.  To 
prove  tuis,  let  facts  be  submitted  to  a  candid  world  : 

He  has  refused  his  assent  to  laws  the  most  whole- 
some and  necessary  forthe  public  good. 

He  lias  forbidden  his  governors  to  pass  laws  of  im- 
mediate and  pressing  importance,  unless  suspended 
in  their  operation  till  his  assent  should  be  obtained  ; 
jind  when  so  suspended  he  has  utterly  neglected  to 
attend  to  them.  He  has  refused  to  pass  other  laws 
lor  the  accommodation  of  large  districts  of  people, 
unless  those  people  would  relinquish  the  right  of  rep- 
resentation in  the  legislature — a  right  inestimable  to 
them,  and  formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places 
unusual,  uncomfortable,  and  distant  from  the  re- 
pository of  tbe  public  records,  for  the  sole  purpose 
of  fatiguing  them  into  compliance  with  his  measures. 

He  has  dissolved  representative  houses  repeatedly 
for  opposing,  with  manly  firmness,  his  invasions  on 
the  rights  of  the  people. 

He  has  refused  for  a  long  time  after  such  dissolu- 
tion to  cause  others  to  be  elected  ;  whereby  the  legis- 
lative powers,  incapable  of  annihilation,  have  returned 
to  the  people  at  large  for  their  exercise,  tbe  State  re- 
maining, in  the  meantime,  exposed  to  all  the  dangers 
of  invasion  from  without  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of 
these  States,  for  that  purpose  obstructing  tbe  laws 
of  naturalization  of  foreigners;  refusing  to  pass  others 
to  encourage  their  migration  hither,  and  raising  the 
conditions  of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice  by 
refusing  his  assent  to  laws  for  establishing  judiciary 
powers. 

He  has  made  judges  dependent  on  his  will  alone 
for  the  tenure  of  their  offices  and  the  amount  of  pajr- 
ment  of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent 
hither  swarms  of  officers  to  harass  our  people,  and 
eat  out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing 
armies,  without  the  consent  of  our  legislatures. 


20G  DECLARATION    OF  INDEPENDENCE. 

He  has  affected  to  render  the  military  independent 
of  and  superior  to  the  civil  power. 

He  has  combined  with  others  to  subject  us  to  a  ju- 
risdiction foreign  to  our  Constitution,  and  unacknowl- 
edged by  our  laws  ;  giving  his  assent  to  their  acts  of 
pretended  legislation  : 

For  quartering  large  bodies  of  armed  troops  among  us : 
For  protecting  them  by  a  mock  trial  from  punish- 
ment for  any  murders  which  they  should  commit  on 
the  inhabitants  of  these  States  : 

For  cutting  off  our  trade  with  all  parts  of  the  world  : 

For  imposing  taxes  on  us  without  our  consent  : 

For  depriving  us,  in  many  cases,  of  the  benefits  of 
trial  by  jury  : 

For  transporting  us  beyond  seas  to  be  tried  for  pre- 
tended offences  : 

For  abolishing  the  free  system  of  English  laws  in  a 
neighboring  province,  establishing  therein  an  arbitra- 
ry government,  and  enlarging  its  boundaries,  so  as  to 
render  it  at  once  an  example  and  lit  instrument  for 
introducing  the  same  absolute  rule  into  these  colonies : 

For  taking  away  our  charters,  abolishing  our  most 
valuable  laws,  and  altering,  fundamentally,  the  forms 
of  our  government  : 

For  suspending  our  own  legislatures,  and  declaring 
themselves  invested  with  power  to  legislate  for  us  in 
all  cases  whatsoever. 

He  has  abdicated  government  here  by  declaring  us 
out  of  his  protection,  and  waging  war  against  us  : 

He  has  plundered  our  seas,  ravaged  our  coasts, 
burnt  our  towns,  and  destroyed  the  lives  of  our  people. 

He  is  at  this  time  transporting  large  armies  of  foreign 
mercenaries  to  complete  the  works  of  death,  desola- 
tion, and  tyranny  already  begun,  with  circumstances 
of  cruelty  and  perfidy  scarcely  paralleled  in  the  most 
barbarous  ages,  and  totally  unworthy  the  head  of  a 
civilized  nation. 

He  has  constrained  our  fellow-citizens,  taken  cap- 
tive on  the  high  seas,  to  bear  arms  against  their  coun- 
try, to  become  the  executioners  of  their  friends  and 
brethren,  or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  among  us, 


DECLARATION  OF  INDEPENDENCE.       207 

and  has  endeavored  to  bring  on  the  inhabitants  of  our 
frontiers  the  merciless  Indian  savages,  whose  known 
rule  of  warfare  is  an  undistinguished  destruction  of 
all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions  we  have  peti- 
tioned for  redress  in  the  most  humble  terms  ;  our  re- 
peated petitions  have  been  answered  only  by  re- 
peated injury.  A  prince  whose  character  is  thus 
marked  by  every  act  which  may  define  a  tyrant  is  un- 
fit to  be  the  ruler  of  a  free  people. 

Nor  have  we  been  wauling  in  attentions  to  our 
British  brethren.  We  have  warned  them,  from  time 
to  time,  of  attempts  by  their  legislature  to  extend  an 
unwarranted  jurisdiction  over  us.  We  have  reminded 
them  of  the  circumstances  of  our  emigration  and  set- 
tlement here.  We  have  appealed  to  their  native  jus- 
tice and  magnanimity,  and  we  have  conjured  them  by 
the  ties  of  our  common  kindred  to  disavow  these  usur- 
pations, which  would  inevitably  interrupt  our  connec- 
tions and  correspondence.  They,  too,  have  been  deaf 
to  the  voice  of  justice  and  consanguinity.  We  must, 
therefore,  acquiesce  in  tli^  necessity  which  denounces 
our  separation,  and  hold  them,  as  we  hold  the  rest  of 
mankind, euernies  in  war,  in  peace  friends. 

We  therefore,  the  representatives  of  the  United 
States  of  America,  in  General  Congress  assembled, 
appaaling  to  the  Supreme  Judge  of  the  world  for  the 
rectitude  of  our  intentions,  do,  in  the  name  and  by 
the  authority  of  the  good  people  of  these  colonies, 
solemnly  publish  and  declare  that  these  United  Colo- 
nies are,  and  by  right  ought  to  be,  free  and  independ- 
ent States  ;  that  they  are  absolved  from  all  allegiance 
to  the  British  crown,  and  that  all  political  connection 
between  them  and  the  State  of  Great  Britain  is,  and 
ought  to  be,  totally  dissolved  ;  find  that,  as  free  and 
independent  States,  they  have  full  power  to  levy  war, 
conclude  peace,  contract  alliances,  establish  com- 
merce, and  do  all  other  acts  and  things  which  inde- 
pendent States  may  of  right  do.  And  for  the  support 
of  this  declaration,  with  a  firm  reliance  on  the  pro- 
tpction  of  Divine  Providence,  we  mutually  pledge  to 
each  other  our  lives,  our  fortunes,  and  our  sacred  honor. 


INDEX. 


The  figures  refer  to  the  numbers  of  the  paragraphs. 

Acceptance   by  the  maker  of  a  motion,  of  an  amendment, 

92,  93. 

Addition  of  propositions,  how  effected,  88. 
Adjournment,  without  day,  equivalent  to  a  dissolution,  139. 
effect  of,  on  business  under  consideration,  14O. 
motion  for,  takes  precedence  of  all  other  motions,  137. 
when  it  may  be  amended,  137. 
form  of,  138,  2OO. 

Amendment,  purposes  of  motions  for,  6O,  78. 
order  of  proceeding  in,  95,  191. 
acceptance  of  by  mover  of  proposition,  92,  93. 
of  amendments  by  striking  out  and  inserting,  107,  1O8. 
of  amendment,  to  be  put  before  the  original  amendment, 

no. 

of  an  amendment  to  an  amendment,  not  allowed,  96. 

object  ot  Buch  motion,  how  attained,  96,  97. 
cannot  be  made  to  what  has  been  agreed  to  on  a  question, 

98,  99, 100,  101. 

inconsistency  of,  with  one  already  adopted,  1O2. 
may  show    the  absurdity    of    the   original  object  of  the 

proposition,  132. 

Amendment,  may  change  the  object,  128, 129, 133. 
or  may  defeat  the  object,  13O,  131. 
by  addition,  88. 
by  separation,  89. 
by  transposition,  9O. 
by  striking  out,  94, 1O3  to  112. 
by  inserting  or  adding,  94, 113  to  121. 
by  striking  out  and  inserting,  94,  122  to  127. 
motion  for,  by  striking  out  and  inserting,  1O3,   1O4,  111, 
122. 

may  be  divided,  122. 

may  be  amended,  126. 

manner  of  stating  question  on,  112,  121, 127. 

precedence  of  question  on,  123. 

to  strike  out,  decided  in  the  negative,  equivalent  to   the 
affirmative  of  agreeing.  98,  1OO,  252. 

if  passed  may   not  be  renewed,  1O3  to  1O6,  113  to 

116,119,  124,125. 
stands  in  the  same  degree  with  the  previous  question,  ami 

indefinite  postponement  184. 
superseded  by  a  motion  to  postpone  to  a  day  or  to  commit, 

185. 

may  be  amended,  96, 1O7, 117, 126, 184. 
effect  of  vote  on,  94  to  127, 187. 
to  be  put  before  the  original  motion,  HO, 12O. 


INDEX.  209 

Apology,  42. 

Assembly,  Deliberative,  purposes  of,  how  effected,  1. 
how  organized,  2,  3. 
judgment  of,  how  expressed,  13. 
Assembling-,  time  of,  to  be  fixed  beforehand.  23. 

place  or',  in  possession  of  assembly,  9. 
Authentication  of  acts,  etc.,  of  a  deliberative  assembly,  27, 

32. 
Blanks,  filling  of,  84. 

with  times  or  numbers,  rule  for,  85,  86,  87. 

See  Precedence. 
Chairman   preliminary  election  of,  3. 

See  Presiding  Officer. 
Clerk,  5. 

See  Recording  Officer. 

Committees,  objects  and  advantages  of,  258,  260,  261. 
who  to  compose,  258,  27O. 

usually  those  favorable  to  the  proposed  measure,  271. 
mode  of  appointm  nt  of,  263,  267,  268,  269. 
when  by  the  presiding  officer,  under  a  standing  rule,  266. 
how  notified  of  their  appointment,  32,  272. 
when  and  where  to  sit,  274,  275,  277. 
select,  259. 

how  appointed,  264  to  269. 
standing,  259. 

what  to  be  referred  to.  74. 
instructions  to,  65,  76,  77,  262. 

list  of.  etc.,  given   by  the  clerk  to  the  member  first  ap- 
pointed. 272. 
persons  first  appointed  on,  acts  as  chairman  by  courtesy. 

273. 

proceed  like  other  assemblies,  276,  279. 
may  proceed  by  sub-committees,  3O6. 
mode  of  proceeding  on  a  paper  which  has  been  referred  to 

them,  279,  281,  283. 

mode  of  proceeding  on  a  paper  originating  in  the  commit- 
tee, 279,  280,  282. 
manner  of  closing  session  of.  285. 

report  of,  how  made.  282,  283,   284,  286,   287,  292. 
form  of  report  of,  286,  292. 
mode  of  proceeding  on  report  of,  292,  293,  294,  295. 

296. 

acceptance  of  report  of,  295. 
form  of  stating  questions  on  report  of,   295,   296.     See 

Report. 

Committee  of  the  Whole,  of  whom  composed,  259. 
how  constituted,  297. 
what  a  quorum  of,  299. 
who  presides  over,  297,  298. 
who  is  clerk  of,  3O1. 

proceedings  of,   similar  to   those  of  the  assembly  itsalf, 
302,  309. 


210 

Committee  of  the  Whole,  mode  of  proceeding  if  one  session 

does  not  complete  the  bn  iness,  3O4. 
who  may  speak  in.  and  how  often  3O5. 
caimot  refer  any  matter  to  another  committee,  3O6  . 
cannot  punish  for  breaches  of  order.  308. 
disorderly  words  in,  how  noticed,  308. 
differences  between  and  other  committees,  3O2  to  308. 
presiding  officer  of  assembly  to  remain  in  the  room,  during 

the  session  of  ,3OO. 
See  Reports  Disorderly  Words. 
Commitment,  definition  and  purposes  of,  73. 
when  a  proper  coarse,  6O. 
what  may  be  committed.  75.  76.  77. 
affect  of  a  vote  on  a  motion  for.  18  3. 
motion  for,  may  be  amended.  181. 

supersedes  a  motion  to  ameud  185. 

is  of  the  same  degree  with  motions  for  the  previous 

question  and  postponement.  182. 
See  Committees. 
Communications  to  the  assembly,  how  made,  44,  46,  48, 

49. 
Consent  of  the  assembly,  in  what  cases,  and  how  far  to  be 

presumed  by  the  presiding  officer,  35,  237,  293. 
Contested  Elections.  7. 


Credentials  of  members,  7. 
Debate,  proper  character  of.  2O1. 

should  be  confined  to  the  qn<  stion   209  . 

usual  mode  of  putting  an  end  to,  22O,  221. 
of  shortening,  222. 


..    . 

Decorum;  Breaches  oC  37,  38.  39,  4O,  41,  223,  224. 
how  to  be  noticed.  4O. 
remedy  for.  224,  225,  226. 
how  a  member  is  to  proceed  to  exculpate  himself  from 

a  charge  of.  4O. 
See  Disorderiy  Words.  Order. 
Disorderly  Words,  cause   of  proceedings,  when   cpoken. 

227  to  231. 

to  be  written  down  by  the  clerk,  as  spoken,  928.  229. 
members  not  to  be  censured  for,  unless  complained  of  at 

the  time.  232. 
spoken  in  a  committee  during  its-  session,  278.  * 

in  committee  of  the  whole  to  be  written  down,  and 
reported  to  the  assembly.  308. 
Disorderly  Condnct.  9,  37  t->  4O.  313. 
Division  ••:  *  -r>-::   :     79  :    83,  122,  123. 
effect  of,  80. 

motion  for.  how  made.  8O. 
right  to  demand,  81,  82. 
when  it  may  take  place.  83. 


INDEX. 

Elections  and  Returns.  6,  7,  8. 

Expulsion,  42. 

Floor,  how  to  obtain  .  46. 

who  has  a  right  tc  .  47,  2O3,  2O4,  2O5. 

member  in  possession  of,  to  be  interrupted  only  by  a  call 
to  order.  2OO. 

when  usually  allowed  to  the  mover  of  a  motion.  2O4. 

when  one  relinquishes,  for  one  purpose,  he  does  so  for  all 

purposes.  2O5,  219. 
Forms  of  proceeding,  1O,  59,  315. 

See  Order,  Knits. 
Incidental  Questions,  150  to  165. 

questions  of  order,  151  to  154. 

reading  papers,  155  to  160. 

withdrawal  of  a  m  .ion  161,  162. 

suspension  of  a  rule,  163,  164. 

amendment  of  amendments,  165. 


Introduction  of  business,  how  accomplished,  43. 

Journal  of  a  deliberate  assembly,  what  and  how  kept,  32, 

33. 

Judgrment  of  an  aggregate  body,  how  evidenced.  14. 
Iiie  on  tlie  Table,  purpose  of  motion  for,  SO,  71,  72. 
Motion  for,  cannot  be  amended,  17O. 
when  to  be  resorted  to,  171. 
effect  of  vote  on,  71,  72,  172,  173. 
takes  precedence  of  all  other  subsidiary  motions,  171. 
List  of  members,  6. 
Main  Question,  63,  64,  135,  213. 
Majority,  u  vision  by,  on  questions  and  elections,  24. 
Members,  rights  and  duties  of,  36. 
punishments  of,  42. 
not  to  be  present  at  debates  on  matters  concerning  thera- 

>.  41,  225,  230. 

proceedings  on  quarrels  between,  caution  relating  to.  314. 
Membership,  rights  of.  how  decided,  8. 
Modification  of  a  motion  by  the  mover,  92. 
Motion,  definition  of,  45,  59,  233. 
to  be  in  writing,  54. 
to  be  seconded,  53  to  55. 
how  seconded,  55. 
when  in  order,  247. 
subsidiary,  need  not  be  in  writing,  54. 

but  must  be  seconded,  55. 
to  suppress  a  proposition.  62. 
to  be  stated  or  read  for  the  information  of  any  member, 

57. 

can  be  withdrawn  only  by  leave,  56,  92. 
when  before  the  assembly,  none  other  can  be  received, 
except  privileged  motions,  58. 


212  INDEX. 

Motion,  is  not  before  the  assembly,  until  stated  by  its  presid- 
ing officer  198. 
not  in  order  unless  the  maker  be  called  to  by  the  presiding 

officer,  2OO. 

by  one  seated,  or  not  addressing  the  chair,  not  to  be  re- 
ceived. 2OO. 

principal  and  subsidiary,  cannot  be  made  together,  199. 
Naming*  a  member,  what.  4O,  225. 
Numbers  prefixed  to  paragraphs  of  a  proposition,  not  a  part 

of  it,  91. 

Officers  of  an  assembly,  titles  of,  5. 
who  are,  usually,  26. 
how  appointed,  and  removable,  26. 
a  majority,  necessary  to  elect,  26. 
when  not  members  of  the  assembly,  5. 
pro  tempore.  when  to  be  chosen,  29. 

See  Presiding  officer,  Recording  Officer. 
Order  of  a  deliberate  assembly,  what,  13. 
of  business,  188  to  2OO. 

how  established,  19O. 
questions  of,  what,  152. 

how  decided.  154,  248. 
form  of,  on  appeal,  154. 

no  debate  upon,  allowed  during  divisions,  248. 
rules  of,  to  be  enforced  without  delay,  151. 
call  to,  effect  of,  214. 
who  may  make,  151. 

interrupts  the  business  under  consideration,  153. 
See  Disorderly  Conduct,  Disorderly  Words. 
Orders  of  the  day,  definition  of,  142. 

motion  for,  a  privileged  question  for  the  day,  143,  144, 

145, 146. 
motion  for,  generally  supersedes  other  propositions,  143, 

144. 

being  taken  up,  the  business  interrupted  thereby  is  sus- 
pended, 147. 
fall,  if  not  taken  up  on  the  day  fixed,  149. 

unless  by  special  rule,  149. 
Organization,  necessity  for.  1. 
usual  mode  of  3. 
on  report  of  a  committee,  4. 

Papers  and  Documents,  in  whose  custody,  33. 
Parliamentary  Law,  common,  what,  6, 1O. 

See  Rules. 

Parliamentary  Rules,  whence  derived,  11. 
in  each  State,  how  formed,  11. 

See  Rules. 
Petitions,  requisites  to.  49. 

to  be  offered  by  members,  49,  5O. 

mode  of  offering,  51. 

to  be  read  by  the  clerk,  if  received.  52. 

regular  and  usual  action  on  presenting,  51,  52. 


INDEX,  213 

Petitions,  couteuts  of,  to  be  known  by  member  presenting, 

5O. 

to  be  in  respectful  language,  SO. 
Postponement,  effect  of  vote  011  motion  for,  18O. 
motion  for,  may  be  amended.  176. 
how  amended,  177, 178. 
supersedes  a  motion  to  amend,  185. 
is  not  superseded  by  a  motion  to  commit  or  to  amend, 

179. 
is  of  the  same  degree  with  a  motion  for  the  previous 

question'  179. 
indefinite,  purpose  of  motion  for,  GO,  67. 

effect  of  vote  on  motion  for.  67. 
to  a  day  certain,  purpose  of  motion  for,  68,  69. 
an  improper  use  of,  7O. 
Power  of  assembly  to  eject  strangers.  9. 
Preamble,  or  title,  usually  considered  after  the  paper  is  gone 

through  with,  192. 

Precedence  of  motions,  171, 174,  179,  182, 186,  197,  22O. 
of  questions,  123, 134, 135, 153. 

as  to  reference  to  a  committee,  74. 
on  motions  to  fill  blanks,  85,  86,  87. 

questions  of  privilege  take  precedence  of  all  motions  but 
for  adjournment,  141. 
President,  5. 

See  Presiding  Officer. 

Presiding-  Officer,  duties  of,  27,  3O,  4O,  225,  313,  314. 
to  be  first  heard  on  que  tions  of  order,  2O7. 
how  far  member  of  an  assembly,  5. 
iiot  usually  to  take  part  in  debate.  5,  2O2. 
but  in  committees  of  the  whole,  3O7. 
or  on  point  of  order,  154. 
to  give  a  casting  vote,  5,  243. 
effect  of  not  giving  casting  vote,  243. 

may  not  interrupt  on  -speaking,  biit  to  call  to  order,  2O7. 
may  not  decide  upon  inconsistency  of  a  proposed  amend- 
ment with  one  already  adopted,  1O2. 
Previous  Question,  motion  for,  purpose  of.  6O. 
form  of  64,  17O. 
original  use  of,  63,  64,  65. 
present  use  of,  65,  66,  22O. 
use  of  in  England.  66. 
canuot  be  amended,  17O. 
effect  of  vote  on,  64,  66, 175. 
effect  of  negative  decision  of,  65. 
cannot  be  made  in  committee  of  the  whole,  3O3. 
stands    in    same   degree  with  other  subsidiary  motions* 

except  to  lie  on  the  table,  174. 
Privileged  Questions,  136  to  149. 
adjournment.  137  to!4O. 
questions  of  privilege,  141. 
orders  of  the  day,  142  to  149. 


214  INDEX. 

Privileged  Questions,  take  precedence  of  all  motions  but 
for  adjournments,  141. 
when  settled,  business  thereby  interrupted  to  be  resumed, 

Proceeding's,  how  set  in  motion,  43. 
Punishment  of  members,  41,  42. 

a  question  of,  pending,  the  member  to  withdraw,  23O. 
Quarrel  between  members,  38,  314. 

See  Disorderly  Words. 
Question,  definition  of,  233. 
forms  of,  in  use,  15,  6O,  61. 
when  to  be  put,  235. 
mode  of  putting   236. 

on  a  series  of  propositions.  193. 
on  amendments  reported  by  a  committee,  194. 
mode  of  taking.  238,  24O,  24i,  242,  245. 
when  and  how  decision  of  may  be  questioned.  238,  239. 
all  the  members  in  the  room  when  a  question  is  put  are 

bound  to  vote  upon  it,  244. 
members  not  in  the  room  cannot  vote  on,  244. 
when  taken  by  yeas  and  nays,  245. 
mode  of  taking,  in  Massachusetts  246. 
when  and  how  to  be  divided,  79. 
how  taken  when  divided,  8O. 
motion  to  divide,  may  be  amended,  8O. 
what  may  be  divided,  83. 
who  may  divide,  81, 122. 

usually  regulated  by  rule,  82. 
incidental,  defined  and  enumerated  15O  to  165. 
subsidiary,  or  secondary,  defined  and  enumerated,  166  to 

17O. 
privileged,  defined  and  enumerated,  136. 

See   Incidental   Questions,   Privileged   Questions,   Subsidiary 

Questions. 

Quorum,  necessity  for,  17, 19. 
what  constitutes,  16. 

effect  of  want  of.  on  pending  question,  249. 
necessary  on  a  division  of  the  assembly,  249. 
want  of,  how  ascertained.  19. 
consequences  of  want  of,  19,  249. 
Beading"  of  Papers  by  the  clerk,  155. 

by  members  not  allowed,  without  leave  obtained  by  motion 

and  vote,  157, 158. 
when  to  be  omitted,  159. 
when  necessary,  if  called  for,  155. 
question  on.  to  be  first  decided,  16O. 
Reception,  question  of,  on  petition,  51. 

on  report,  286,  293. 
Recommitment,  what,  73,  29O,  291. 

RecDiisideration,  general  principle  relating  to,  25O  to  253. 
motion  for,  allowed  in  this  country,  254,  255. 


TXDEX.  215 

Reconsideration,  motion  for,  effect  of,  256. 

usually  regulated  by  rule,  257. 
Recording*  Officer,  duties  of,  31,  32,  33,  35. 
how  his  absence  is  to  be  s applied,  34. 
how  elected,  3,  4. 
precedence  of,  if  more  than  one,  5. 
papers  and  documents  to  be  in  his  charge,  33. 
Recurrence  of  Business,  when   interrupted  by   want  of 

quorum,  249. 

by  motion  for  the  previous  question,  66. 
for  indefinite  postponement,  67. 
to  lie  on  the  table,  71,  72. 
for  adjournment,  14O. 
for  the  orders  of  the  day.  147,  148. 
by  a  question  of  privilege,  141. 
by  a  question  of  order,  153,  23O, 
by  a  call  of  a  member  to  order,  2OO,  214. 
Reports  of  Committees,  how  made  and  received,  286  to 

289. 

how  treated  and  disposed  of,  292  to  296. 
of  a  paper  with  amendments,  288. 
action  upon.  194, 195,  292  to  296. 
when  a  new  draft  of  a  paper,  196. 
acceptance  of,  295,  296. 
of  committees  of  the  whole,  31O. 

when  to  be  received.  311. 
Reprimand,  42.    See  Punishment. 
Resolution,  what,  13,  233. 
Returns,  6. 

time  for  investigating,  7. 
mode  of  investigating,  7. 
who  to  be  on  the  investigating  committee,  8. 
who  to  be  heard  on  a  question  on,  8. 
Roll,  calling  of,  32,  35,  245. 

Rules  of  debate  and  proceeding,  subject  of,  14, 15. 
general  purpose  of,  315. 

what  are  necessarily  adopted  by  assembly,  1O,  2O. 
the  same  in  this  country  and  in  England,  11. 
usage  does  not  give  them  the  character  of  general  laws,  12. 
to  be  enforced  without  delay  or  debate  22,  151, 152. 
who  may  notice  an  infringement  of.  22. 
special,  each  assembly  may  adopt.  1O,  2O. 

supersede  ordinai'y  parliamentary  rules,  1O. 
usually  provide  for  their  own  amendment,  21. 
may  be  suspended  on  motion,  21, 163,  164. 
motion  to  suspend,   supersedes  the  original  question, 

163. 

suspended  only  by  general  consent,  21, 164. 
usually  provide  for  their  own  suspension,  164. 
may  determine  the  number  necessary  to  express  the 

will  of  the  assembly,  25. 
See  Reading  of  Papers,  Speaking. 


216  INDEX. 

Secondary  Questions,  166.    See  Subsidiary  Questions. 
Seconding*  of  motions,  55,  3O9. 
Secretary,  5.     See  Recording  Officer. 
Separation  of  prop  sitions,  how  effected.  89. 
Speaking*,  rules  as  to  manner  of,  2O3  to  208. 
as  to  matter  in,  2O9  to  214. 
as  to  times  of.  215  to  219. 

member,  to  stand  uncovered,  2O3,  2O8. 

not  to  make  personal  remarks,  211. 

not  to  mention  names  of  members,  2O6. 

not  to  reflect  on  the  assembly,  or  on  its  prior  determin 
atioiiH,  21O. 

confined  to  the  subject.  2O9,  213. 

not  to  be  interrupted,  219. 

to  speak  but  once  on  the  same  question,  215,  216. 

except  by  leave.  217. 

or  to  explain  himself  in  matter  of  fact,  218. 

See  Debate,  Presiding  Officer. 
Speech,  reading  of.  by  member,  157. 
Subsidiary  Questions,  166  to  187. 

nature  and  effect  of,  166. 

enumeration  of,  167. 

cannot  be  applied  to  one  another,  168. 

exceptions  to  this  rule,  169. 

lie  on  the  table.  171, 172, 173. 

amendment,  184  to  187. 

previous  question,  174, 175. 

postponement,  176  to  ISO. 

commitment,  181, 182, 183. 
Suspension  of  a  rule,  21, 163, 164.    See  Rules. 
Transposition  of  proposition,  how  effected,  9O. 
Vice -President,  duties  of,  5,  28.    See  Officers, 
Vote,  what,  13,  233. 
Voting1,  right  aud  duty  of,  41,  244. 

prohibition  from,  42.     See  Members. 
Will  of  assembly,  majority  necessary  to  express,  24,  special 

rule  may  determine  what  proportion  may  express,  25. 
Withdrawal  of  motion  can  be  only  by  leave,  161,  effect  of 

vote  upon  motion  for  leave  for,  162. 
Yeas  and  Nays,  how  taken,  32,  245. 

in  Massachusetts,  246. 

what  number  of  members  may  require,  25. 

form  of  putting  question,  245. 


INDEX  TO  THE  CONSTITUTION. 


Abridged,  immunities  of  citizens,  not  to  be,  201. 

Accused  to  have  a  speedy  trial,  198. 

Actions  at  common  law,  198. 

Acts  and  proceedings  of  another  State,  faith  and  credit  given 
to,  194. 

Adjournment — President  may  convene  and  adjourn  Con- 
gress, 192.  ^ 

Admitted,  new  States  may  be,  195. 

Advice  and  consent  of  the  Senate,  191. 

Age  of  Representatives  and  Senators,  181. 

Aid  and  comfort  to  enemies,  194. 

Alliance  or  confederation,  188. 

Ambassadors,  President  may  appoint,  191. 

Amendments  to  the  Constitution,  195,  196. 

Answer  for  crimes,  198. 

Appellate  jurisdiction, Supreme  Court  shall  have,  192,  193. 

Appointment  of  Itepresentatiou,  181,  202. 

Appropriate  legislation— Congress  has  power,  etc.,  186, 187. 

Annies— land  and  naval  forces,  186. 

Attainder  -ex  poste  facto  law,  187. 

Authors  and  inventors,  186. 

Ballot  for  President  and  Vice-President,  189,  190. 

Bankruptcies,  185. 

Bills  of  credit,  188. 

Capital  crimes,  198. 

Census,  181,  187. 

Chief-Justice  shall  preside,  when,  182. 

Citizens  of  the  United  States,  182,  194  ;  who  are  included 
as,  201. 

Classification  of  Senators,  181,  182. 

Coin  a  tender  in  payment  of  debts,  188. 

Color,  or  previous  condition  of  servitude,  203. 

Commander  in-Chief  of  the  Army  and  Navy,  the  President, 
when,  191. 

Commerce  or  revenue,  187,  188. 

Compact  with  another  State,  189. 

Compensations,  183,  191,192. 

Congress,  powers  vested  in,  185,  191,  192,  195,  201. 


218  INDEX   TO   THE   CONSTITUTION. 

Constitution,  executive  and  legislative  powers  under  the, 
186,  190,  193,  ]95,  196. 

Convention  for  proposing  amendments,  195. 

Copyright    1,0  authors.  Ib6. 

Courts  of  law,  191,  192. 

Crimes— capital  or  otherwise,  192,  198, 

Death— Resignation,  etc  ,  of  President,  190. 

Debts  of  the  United  States,  196. 

Defence  and  general  welfare,  185. 

Departments,  191,  192. 

District  of  Columbia,  186,  187. 

Domestic  violence,  195. 

Due  process  of  law,  198. 

Duties,  imposts  and  excises,  188,  189. 

Election  of  President  and  Vice-President,  189,  190,  191 ;  of 
Senators  and  Representatives,  189,  190. 

Electors,  189,  200. 

Establishment  of  this  Constitution  between  the  States,  196. 

Executive  departments,  189,  190. 

Expel  a  member,  183. 

Exports  or  imports,  188. 

Ex  post  facto  law,  187. 

Foreign  nations — regulation  of  commerce,  185. 

Forfeiture  for  treason,  194. 

For  n  of  government,  a  republican,  guaranteed,  195. 

Freedom  of  speech  or  press,  197. 

Fugitives  from  crime,  194,  195. 

General  welfare  (preamble),  180. 

Gold  and  silver  a  tender,  188. 

Habeas  corpus,  187. 

House  of  Representatives,  180,  183.  200. 

Immunities  from  arrest,  etc.,  183,  198,  201. 

Impeachment,  182,  192. 

Imports  and  exports.  188. 

Indictments,  183,  198. 

Insurrection  or  rebellion,  186,  202. 

Inventors  and  authors,  186. 

Judges  of  courts,  192. 

Judicial  powers,  192,  199. 

Jury,  trial  by,  193. 

Laws  and  treaties,  193. 

Legal  tender,  188. 

Legislation  in  all  cases  in  power  of  Congress,  187. 

Letters  of  marque  and  reprisal,  188. 

Liberty  (preamble),  180. 

Marque  and  reprisal,  188. 

Measures,  185. 

Meeting  of  Congress,  183. 

Misdemeanor,  high  crimes,  etc.,  192. 

Naturalization,  Congress  to  establish  rules  of,  185. 

Navy,  Congress  to  provide  a,  186. 

New  States,  195, 


INDEX   TO   THE   CONSTITUTION.  219 

Nobility,  no  title  of,  shall  be  granted,  188 

Nominations  for  office  by  the  President,  191,  192. 

Number  of  electors,  189. 

Oath  of  office  of  the  President,  191. 

Obligation  of  contracts,  188. 

Offences  against  the  United  States,  191. 

Pardons,  the  President  may  grant  reprieves  and,  191. 

Pensions  and  bounties,  202. 

Powers  not  delegated.  199. 

Powers  vested  in  Congress,  180, 185. 

President  and  Vice-President,  manner  of  choosing,  189,  200. 

President  of  the  United  States,  182,  184,  189,  192. 

President,  pro  tempore.  182. 

Privileges  and  immunities  of  citizens,  194,  197. 

Property  ot  the  United  Stales,  195. 

Prosecutions,  198. 

Punishment  according  to  law,  182. 

Qualifications  for  office,  181,  183,  189. 

Quorum  to  do  business,  a  majority,  183. 

Kace,  color,  etc.,  203. 

Ratification  of  amendments,  195,  196. 

Ratio  of  representation,  202. 

Rebellion.  186,  202. 

Redress  of  grievances.  197. 

Regulations  of  commerce,  187,  188. 

Religious  test,  no,  196. 

Representation  in  any  State,  180,  181. 

Representatives  in  Congress,  181. 

Reprieves  and  pardons,  191. 

Republican  form  of  government,  195. 

Resignation  of  the  President,  190. 

Revenue,  etc.,  of  one  State  over  another,  187, 188. 

Rights  in  the  Constitution,  etc,  199. 

Science  and  useful  arts,  186. 

Seat  of  government,  186,  187. 

Senate  and  House  of  Representatives,  180. 

Senate  of  the  United  States,  181,  183,  184. 

Senators,  181    182,  202. 

Servitude,  203. 

Ships  of  war,  189 

Slavery,  201. 

State  of  the  Union,  192 

States— what  they  may  not  do,  189,  190. 

Suits  at  common  law,  198. 

Supreme  Court,  193. 

Supreme  law  of  the  land,  196. 

Suppression  of  insurrection,  186. 

Tax  or  duty,  181,  187. 

Tender  in  payment  of  debts,  188. 

Term  of  four  years,  189. 

Territory  of  the  United  States,  195. 

Title  of  nobility,  188. 


220  INDEX   TO   THE   CONSTITUTION. 

Treason,  what  to  consist  of,  194. 
Treaties,  power  to  make,  in  the  President,  191. 
Union,  to  establish  a  more  perfect,  180,  192. 
Unreasonable  searches  and  seizures.  198. 
Useful  arts— securing  to  authors  and  inventors,  186. 
Vacancies,  181,  192. 

Veto  power  in  the  President,  184,  185. 

Vice-Fresident,    President  of  the  Senate,  182  ;    manner  of 
choosing,  200. 

Vote,  each  Senator  shall  have  one,  181,  182. 
Vote  of  two-thirds  of  each  house  to  expel  a  member,  183. 
War  agiinst  the  United  States— of  what  consists,  194. 
Weights  and  measures,  185. 
Witnesses  in  criminal  prosecutions,  194. 
Writ  of  habeas  corpus,  187.  * 

Writ  of  election,  181. 
Written  opinion  of  principal  officers,  191. 
Yeas  and  nays,  when  to  be  entered  on  the  journals,  183. 


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